# In the matter of Pawan Kumar Vs Central Bank Of India

> NCLAT judgment dated 2024-05-29. Citation: TCN-2024-NCLAT-00397. This is an appeal filed against the order dated 14.05.2024 in CP(IB) No.- 184/CHD/PB/2018, by…

- **Court:** NCLAT
- **Order date:** 29 May 2024
- **Citation:** TCN-2024-NCLAT-00397
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pawan-kumar-vs-central-bank-of-india-ba393e5f

## Summary

### Background

This is an appeal filed against the order dated 14.05.2024 in CP(IB) No.- 184/CHD/PB/2018, by which the Section 7 application filed by PNB was admitted. The appellant's counsel submits that another order was passed on the same date rejecting IA No. 585 of 2024 because the application had become infructuous due to the admission of CP. The appellant's counsel referred to IA No. 585 of 2024, where prayers were made to adjourn the matter beyond 23.05.2024 due to a pending High Court case (CWP No. 22367 of 2021) and to restrain the bank from auctioning assets. The appellant argues that the Adjudicating Authority did not consider IA-585 of 2024 and dismissed it as infructuous after the Section 7 application was admitted.

## Facts

On 14.05.2024, an order was passed admitting a Section 7 application filed by PNB in CP(IB) No.- 184/CHD/PB/2018. On the same date, IA No. 585 of 2024 was rejected. The appellant had filed IA No. 585 of 2024 seeking adjournment of the matter due to a pending High Court case (CWP No. 22367 of 2021) and seeking a temporary injunction restraining the bank from auctioning assets. The bank itself has filed writ petitions (CWP- 11117 of 2022 and 22367 of 2021) in the High Court. Two assets of the Corporate Debtor have already been auctioned for Rs.136 crore (Approx). The Adjudicating Authority dismissed IA-585 of 2024 as infructuous after admitting the Section 7 application.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing IA No. 585 of 2024 as infructuous after …

**Ratio:** The ratio is based on the principle that an adjudicating authority should consider all

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**Reasoning:** The court's reasoning is that the Adjudicating Authority should have considered the

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**Interpretation:** The interpretation is that the Adjudicating Authority has a duty to consider

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**Application:** In this case, the ratio and reasoning apply to the specific facts because the

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Pawan K…
- **Respondents:** Central Bank of…

## Timeline

- **2024-05-14 — Order Da…**: Order passed admitting Section 7 application filed by PNB in CP(IB) No.- 184/CHD/PB/2018…
- **2023-11-22 — High Court…**: Counsel for the appellant referred…

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