# In the matter of National Urban Co-operative Bank Ltd
Vs.
Anup Kumar & Ors. Company Appeal (AT) (Ins) No.531 of 2021

> NCLAT judgment dated 2022-07-20. Citation: TCN-2022-NCLAT-00340. The case pertains to a Company Appeal (AT) (Ins) No. 531 of 2021 before the National Company…

- **Court:** NCLAT
- **Order date:** 20 Jul 2022
- **Citation:** TCN-2022-NCLAT-00340
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/national-urban-co-operative-bank-ltd-vs-anup-kumar-ors-company-appeal-7815c5a7

## Summary

### Background

The case pertains to a Company Appeal (AT) (Ins) No. 531 of 2021 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. The appellant, National Urban Co-operative Bank Ltd, failed to appear despite repeated calls on multiple days. The respondents were represented by their learned counsel.

## Facts

National Urban Co-operative Bank Ltd filed an appeal. The case was called repeatedly on 20.07.2022, and previously on 19.07.2022, but no one appeared on behalf of the appellant, National Urban Co-operative Bank Ltd. The court had previously recorded that the appeal would be dismissed if the appellant failed to appear. Despite this, the appellant remained absent. Counsel for the respondents were present. The court dismissed the appeal due to non-prosecution.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed due to the appellant's repeated absence and failure to …

**Ratio:** The ratio is that a case can be dismissed for non-prosecution if the appellant fails to

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**Reasoning:** The court reasoned that the appellant's repeated absence, despite a specific order

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**Interpretation:** This interpretation highlights the importance of parties actively pursuing

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**Application:** In this specific case, the appellant's repeated absence, despite prior

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## Parties

- **Judges:** Rakesh…; Ashok Kumar…
- **Appellants:** National Urban…
- **Respondents:** Anup K…

## Timeline

- **2022-07-19 — Previous H…**: None appeared on behalf of the Appellant. The court recorded that the appeal would be…
- **2022-07-20 — Final He…**: Again, none appeared on behalf of the Appellant. Learned counsel for the Respondents were…

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