# In the matter of Radius & Deserve Builders LLP vs. IDBI Trusteeship Services LLP Company Appeal (AT) (Insolvency) No. 892 of 2022

> NCLAT judgment dated 2022-08-01. Citation: TCN-2022-NCLAT-00316. This is an appeal filed against the order dated June 30, 2022, passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 1 Aug 2022
- **Citation:** TCN-2022-NCLAT-00316
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/radius-deserve-builders-llp-vs-idbi-trusteeship-services-llp-company-appeal-1575107f

## Summary

### Background

This is an appeal filed against the order dated June 30, 2022, passed by the Adjudicating Authority. The Adjudicating Authority had granted the Appellant opportunities to file a Reply Affidavit, reserved the Judgement, and permitted parties to place written submissions on record within two weeks. The Appellant's counsel argued that there were valid reasons for not filing a Reply due to ongoing investigation and enquiry.

## Facts

The Adjudicating Authority granted the Appellant opportunities to file a Reply Affidavit, reserved the Judgement, and permitted parties to place written submissions on record within two weeks. The Appellant's counsel argued that there were valid reasons for not filing a Reply due to ongoing investigation and enquiry. The Appellant filed an appeal against the order of the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal should interfere …

**Ratio:** The Appellate Tribunal should only interfere if there is an error in the order that

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**Reasoning:** The court found no error in the Adjudicating Authority's order that would warrant

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**Interpretation:** The court interpreted the scope of its appellate jurisdiction as limited to

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**Application:** The court applied the principle that it should not interfere with the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Radius & Deserve…
- **Respondents:** IDBI Trusteeship…

## Timeline

- **2022-06-30 — Order by Adjudicating…**: The Adjudicating Authority passed an order granting the Appellant opportunities to file a…
- **2022-08-01 — Appeal He…**: The Appellate Tribunal heard the…

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