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

> NCLAT judgment dated 2023-07-28. Citation: TCN-2023-NCLAT-00336. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 28 Jul 2023
- **Citation:** TCN-2023-NCLAT-00336
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pawan-kumar-manguturam-bairagra-vs-encore-asset-reconstruction-company-ltd-99803dfe

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The appellant, Pawan Kumar Manguturam Bairagra, approached the Financial Creditor with a settlement proposal after the impugned order was passed. The appellant expressed readiness to enhance the offer within 48 hours.

## Facts

Pawan Kumar Manguturam Bairagra filed an appeal. After the initial order was passed, the appellant approached the Financial Creditor with a settlement proposal. The appellant stated they were ready and willing to enhance the offer within 48 hours. The court considered the status of the Committee of Creditors (CoC) and its potential constitution.

## Issues and analysis

### Issue 1: Whether the appeal should be listed for further consideration given the appellant's settlement …

**Ratio:** The court has the discretion to schedule hearings and consider settlement proposals to

…

**Reasoning:** The appellant's willingness to enhance the settlement offer within 48 hours warrants

…

**Interpretation:** The court interprets its procedural powers to include the ability to schedule

…

**Application:** The court applied this principle by scheduling the appeal for May 31, 2023, to

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Pawan Kumar…
- **Respondents:** Encore Asset…

## Timeline

- **2023-05-26 — Appellant's Su…**: Appellant's counsel submitted that the appellant approached the Financial Creditor with a…
- **2023-05-31 — Next Hearin…**: The court scheduled the appeal…

---

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/pawan-kumar-manguturam-bairagra-vs-encore-asset-reconstruction-company-ltd-99803dfe