# In the matter of M Vasudeva Chary Vs. Adroit Financial Services CA(AT)(Ins) No. 115 of 2020

> NCLAT judgment dated 2020-02-28. Citation: TCN-2020-NCLAT-00368. The case pertains to a Company Appeal (AT) (Insolvency) No. 115 of 2020 before the National…

- **Court:** NCLAT
- **Order date:** 28 Feb 2020
- **Citation:** TCN-2020-NCLAT-00368
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/m-vasudeva-chary-vs-adroit-financial-services-ca-9c82b4c7

## Summary

### Background

The case pertains to a Company Appeal (AT) (Insolvency) No. 115 of 2020 before the National Company Law Appellate Tribunal, New Delhi. The appellant, M Vasudeva Chary, was not represented during the hearing. The appeal had been adjourned previously, awaiting the appellant's appearance, which did not occur.

## Facts

M Vasudeva Chary filed an appeal against Adroit Financial Services. The case was heard by the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant, M Vasudeva Chary, was not represented during the hearing on 28.02.2020. The appeal had been previously adjourned to await the appellant's appearance, but the appellant failed to appear. Due to the appellant's absence, the NCLAT dismissed the appeal for default. An interim direction to keep the Corporate Debtor as a going concern was vacated.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed due to the …

**Ratio:** An appeal can be dismissed for default if the appellant fails to appear or is not

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**Reasoning:** The court reasoned that since the appellant was not represented and had failed to appear

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**Interpretation:** This interpretation emphasizes the importance of parties actively participating

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**Application:** The ratio was applied to the specific facts of the case, where the appellant's

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## Parties

- **Judges:** Bansi Lal…; V. P. S…; +1 more
- **Appellants:** M Vasudeva…
- **Respondents:** Adroit Financial…

## Timeline

- **2020-02-28 — Appeal Dis…**: The appeal was dismissed for default due to the appellant's absence. The interim…

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