# In the matter of Lalitadevi Balkishan Adukia Vs Praveen Kumar Agarwal Huf & Anr.

> NCLAT judgment dated 2023-11-09. Citation: TCN-2023-NCLAT-00081. The case involves an appeal where the appellant is taking steps to reach the original…

- **Court:** NCLAT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLAT-00081
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/lalitadevi-balkishan-adukia-vs-praveen-kumar-agarwal-huf-anr-a0b8db02

## Summary

### Background

The case involves an appeal where the appellant is taking steps to reach the original creditor and assignee for settlement of dues. The appellant's husband, who was a director, passed away on March 29, 2023, and the amount was to be paid by March 31, 2023, as per restructuring, which could not be complied with due to the husband's death.

## Facts

Lalitadevi Balkishan Adukia filed an appeal. The appellant is taking steps to reach the original creditor and assignee for settlement of dues. The appellant's husband, who was a director, died on March 29, 2023. The amount was to be paid by March 31, 2023, as per restructuring, which could not be complied with due to the husband's death. The CoC has been constituted, and its first meeting has taken place. The court allowed the appellant three weeks to negotiate with the original creditor and assignee. The court directed the appeal to be listed on December 8, 2023, for the appellant to file an additional affidavit. The IRP is directed to collate the claims but not proceed any further. Notice was issued to the respondents through Speed Post and Email. The respondents

…

## Issues and analysis

### Issue 1: Whether the appellant should be granted time to negotiate with the original creditor and assignee …

**Ratio:** Courts have the discretion to grant parties reasonable time to negotiate settlements,

…

**Reasoning:** The court considered the appellant's submission that the death of her husband, who was a

…

**Interpretation:** This reflects a pragmatic approach by the court, acknowledging the need for

…

**Application:** The court applied this principle by granting the appellant three weeks to

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Lalitadevi…
- **Respondents:** Praveen Kumar…

## Timeline

- **2023-03-29 — Death of Appellant's…**: The husband of the Appellant,…
- **2023-03-31 — Original Paym…**: Amount was originally due to be paid…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/lalitadevi-balkishan-adukia-vs-praveen-kumar-agarwal-huf-anr-a0b8db02