# In the matter of Parvinder Singh Khurana vs. Kamal Agarwal, Liquidator Khullar Hospitality & Ors.

> NCLAT judgment dated 2023-10-03. Citation: TCN-2023-NCLAT-00153. The appeal was filed against an order dated 27.07.2023, which allowed I.A. No. 2413 of 2020…

- **Court:** NCLAT
- **Order date:** 3 Oct 2023
- **Citation:** TCN-2023-NCLAT-00153
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/parvinder-singh-khurana-vs-kamal-agarwal-liquidator-khullar-hospitality-ors-6a577543

## Summary

### Background

The appeal was filed against an order dated 27.07.2023, which allowed I.A. No. 2413 of 2020 filed by the RP/Liquidator. The appellant claims he could not have full representation before the Adjudicating Authority and thus could not file a reply. The respondent argues that the appellant was given ample opportunity to file a reply, but failed to do so, even being granted an opportunity to file a synopsis.

## Facts

The appellant, Parvinder Singh Khurana, filed an appeal against an order dated 27.07.2023, which allowed I.A. No. 2413 of 2020 filed by the RP/Liquidator. The appellant claims he could not have full representation before the Adjudicating Authority, preventing him from filing a reply. The respondent, Kamal Agarwal, Liquidator Khullar Hospitality & Ors., argued that the appellant was given ample opportunity to file a reply but failed to do so, even being granted an opportunity to file a synopsis. The appellant attempted to rely on documents (Annexure E) not presented before the Adjudicating Authority, claiming vehicles were sold. The Adjudicating Authority granted opportunity to file a synopsis which also he could not file. The application is pending since year 2020.

## Issues and analysis

### Issue 1: Whether the Appellant is entitled to any indulgence in the appeal, considering he failed to avail …

**Ratio:** A party is not entitled to indulgence in an appeal if they failed to avail opportunities

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**Reasoning:** The court reasoned that the appellant was given multiple opportunities to present his

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**Interpretation:** This legal principle emphasizes the importance of parties actively

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**Application:** In this case, the appellant's failure to file a reply or synopsis, despite

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Parvinder Singh…
- **Respondents:** Khullar Hospitalit…; Kamal Ag…

## Timeline

- **2020-01-01 — I.A. No. 2413 of 2020…**: I.A. No. 2413 of 2020…
- **2023-07-27 — Order Da…**: Order dated 27.07.2023 by which order I.A. No. 2413 of 2020 filed by the RP/Liquidator…

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