# In the matter of Praveen Kumar Nanda Kumar Vs. VSL Securities Pvt. Ltd. & Ors. CA(AT)(Ins) No. 308 of 2020

> NCLAT judgment dated 2020-02-24. Citation: TCN-2020-NCLAT-00379. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** NCLAT
- **Order date:** 24 Feb 2020
- **Citation:** TCN-2020-NCLAT-00379
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/praveen-kumar-nanda-kumar-vs-vsl-securities-pvt-ltd-ors-ca-98ff0548

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT). The matter was called for the second time, but neither the appellant nor the respondent was represented. Earlier, on 20.02.2020, there was no representation from the appellant's side.

## Facts

The appeal was listed before the National Company Law Appellate Tribunal (NCLAT). On 24.02.2020, when the matter was called for the second time at 1.15 P.M., neither the appellant, Praveen Kumar Nanda Kumar, nor the respondent, VSL Securities Pvt. Ltd. & Ors., was represented. Previously, on 20.02.2020, the appellant was also not represented. Due to the continued absence of representation from the appellant, the tribunal dismissed the appeal for non-diligent prosecution. The dismissal was ordered without costs.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed due to the appellant's lack of representation and diligent …

**Ratio:** The ratio is that an appeal can be dismissed for non-diligent prosecution when the

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**Reasoning:** The court reasoned that the appellant's absence, both on the current date and previously

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**Interpretation:** The interpretation is that consistent absence or lack of representation by a

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Venugop…; V. P. S…; +1 more
- **Appellants:** Praveen Kumar…
- **Respondents:** VSL Securities…

## Timeline

- **2020-02-20 — Previous H…**: There was no representation on…
- **2020-02-24 — Appeal Dis…**: The appeal was dismissed for non-diligent prosecution due to the absence of…

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