# In the matter of Naresh Agarwal vs. Saroj Gupta & Anr. I.A. No. 594 of 2023 in Company Appeal (AT) (Ins) No. 156 of 2023

> NCLAT judgment dated 2023-04-06. Citation: TCN-2023-NCLAT-00638. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 6 Apr 2023
- **Citation:** TCN-2023-NCLAT-00638
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/naresh-agarwal-vs-saroj-gupta-anr-ia-no-594-of-2023-in-company-appeal-4cf8da88

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appellant, Naresh Agarwal, was not present during repeated calls, and the same situation occurred the previous day. The counsel for Respondent No. 2, Mr. Ankit Sareen, was present.

## Facts

Naresh Agarwal filed an appeal before the National Company Law Appellate Tribunal (NCLAT). Saroj Gupta & Anr. are the respondents. On April 6, 2023, during the hearing, Naresh Agarwal (the appellant) was absent despite repeated calls. The same absence occurred the previous day. Mr. Ankit Sareen, the counsel for Respondent No. 2, was present. The NCLAT inferred that the appellant was not interested in pursuing the matter. Consequently, the appeal was dismissed due to non-prosecution. The presence of the respondent's counsel and the continued absence of the appellant were key factors in the dismissal.

## Issues and analysis

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

**Ratio:** The principle that a case can be dismissed for non-prosecution when the appellant fails

…

**Reasoning:** The court reasoned that the appellant's repeated absence, despite being called, indicated

…

**Interpretation:** This legal issue involves interpreting the procedural rules regarding the

…

**Application:** The ratio and reasoning were applied to the specific facts of the case, where

…

## Parties

- **Judges:** Rakesh…; Alok Sriv…
- **Appellants:** Naresh Ag…
- **Respondents:** Saroj Gupta…
- **Advocates:** Ankit S…

## Timeline

- **2023-04-06 — Hearing…**: On repeated call, the appellant was absent. The…
- **N/A — Previous…**: The appellant was also…

---

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/naresh-agarwal-vs-saroj-gupta-anr-ia-no-594-of-2023-in-company-appeal-4cf8da88