# In the matter of Mahender Kumar Khandelwal RP of Educomp Solutions Ltd. CA(AT)(Insolvency) No. 673 & 674-2019

> NCLAT judgment dated 2019-07-04. Citation: TCN-2019-NCLAT-00484. The National Company Law Appellate Tribunal (NCLAT), New Delhi, is hearing a Company Appeal…

- **Court:** NCLAT
- **Order date:** 4 Jul 2019
- **Citation:** TCN-2019-NCLAT-00484
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mahender-kumar-khandelwal-rp-of-educomp-solutions-ltd-caatinsolvency-no-673-674-9e3e7217

## Summary

### Background

The National Company Law Appellate Tribunal (NCLAT), New Delhi, is hearing a Company Appeal (AT) (Insolvency) No. 673-674 of 2019. The appeal arises from an impugned order dated January 10, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority had heard the matter and reserved its order.

## Facts

Mr. Mahender Kumar Khandelwal, the Resolution Professional of M/s. Educomp Solutions Limited, is the appellant in this case. The appeal is against an order dated January 10, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, in C.A. 195(PB)/2018. The Adjudicating Authority had heard the matter and reserved its order. The NCLAT is not inclined to interfere with the impugned order and expects the Adjudicating Authority to decide the case on an early date. The relevance of the facts lies in the NCLAT's decision to not interfere with the Adjudicating Authority's order, indicating a level of satisfaction with the proceedings at the NCLT level.

## Issues and analysis

### Issue 1: Whether the NCLAT should interfere with the impugned order dated January 10, 2019, passed by the …

**Ratio:** Appellate tribunals generally defer to the decisions of lower courts or tribunals unless

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**Reasoning:** The NCLAT states that it is not inclined to interfere with the impugned order. This

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**Interpretation:** The NCLAT's decision indicates a respect for the Adjudicating Authority's

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**Application:** The ratio of non-interference is applied to the specific facts of the case. The

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Mahender Kumar…
- **Respondents:** Educomp Solutions…

## Timeline

- **2019-01-10 — Impugned Ord…**: Date of the order passed by the Adjudicating Authority (National Company Law Tribunal),…
- **2019-04-07 — NCLAT Or…**: The NCLAT disposes of the appeal, stating that it is not inclined to interfere with the…

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