# In the matter of Pawan Kumar Manguturam Bairagra vs. Encore Asset Reconstruction Company Ltd.

> NCLAT judgment dated 2023-12-15. Citation: TCN-2023-NCLAT-00025. The document pertains to two Company Appeals before the National Company Law Appellate…

- **Court:** NCLAT
- **Order date:** 15 Dec 2023
- **Citation:** TCN-2023-NCLAT-00025
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pawan-kumar-manguturam-bairagra-vs-encore-asset-reconstruction-company-ltd-027dc274

## Summary

### Background

The document pertains to two Company Appeals before the National Company Law Appellate Tribunal (NCLAT). The first appeal is Company Appeal (AT) (Insolvency) No. 701 of 2023, involving Pawan Kumar Manguturam Bairagra as the Appellant and Encore Asset Reconstruction Company Ltd. as the Respondent. The second appeal is Company Appeal (AT) (AT) No. 217 of 2023, involving Mrs. Urmila Bairagra as the Appellant and Bairagra Builders Pvt. Ltd. & Ors. as the Respondents. The appeals are listed together.

## Facts

Pawan Kumar Manguturam Bairagra filed Company Appeal (AT) (Insolvency) No. 701 of 2023 against Encore Asset Reconstruction Company Ltd. Mrs. Urmila Bairagra filed Company Appeal (AT) (AT) No. 217 of 2023 against Bairagra Builders Pvt. Ltd. & Ors. The appeals were listed before the National Company Law Appellate Tribunal (NCLAT). The court directed that the appeals be listed on December 20, 2023, and ordered the continuation of the interim order. Mr. Krishnendu Datta represented Pawan Kumar Manguturam Bairagra, and Mr. Sumesh Dhawan represented Encore Asset Reconstruction Company Ltd. Mr. P. Nagesh represented Mrs. Urmila Bairagra, and no one was listed as representing Bairagra Builders Pvt. Ltd. & Ors.

## Issues and analysis

### Issue 1: Whether the interim …

**Ratio:** The court has the power to grant interim orders to maintain the status quo pending the

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**Reasoning:** The court ordered the continuation of the interim order, implying that it found it

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**Interpretation:** This indicates the court's intention to prevent any irreversible changes or

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**Application:** The existing interim order remains in effect, preventing any actions that would

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Pawan Kumar…
- **Respondents:** Encore Asset…
- **Advocates:** Krishnendu…; Abhijeet…; +10 more

## Timeline

- **2023-12-15 — Order Da…**: The court directed that the appeals be listed on December 20, 2023, and ordered the…
- **2023-12-20 — Next Hearin…**: Appeals listed for…

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