# In the matter of Rakesh Wadhawan Vs. Abhay Manudhane
(Resolution Professional Housing Development & Infrastructure Ltd.) CA(AT)(Ins)No. 740 of 2020

> NCLAT judgment dated 2020-08-31. Citation: TCN-2020-NCLAT-00145. The case is an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning…

- **Court:** NCLAT
- **Order date:** 31 Aug 2020
- **Citation:** TCN-2020-NCLAT-00145
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rakesh-wadhawan-vs-abhay-manudhane-resolution-professional-housing-development-i-cae0902c

## Summary

### Background

The case is an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The appeal was filed under Company Appeal (AT) (Insolvency) No. 740 of 2020. The appellant is Rakesh Wadhawan, and the respondent is Abhay Manudhane (Resolution Professional Housing Development & Infrastructure Ltd.).

## Facts

Rakesh Wadhawan filed an appeal against Abhay Manudhane (Resolution Professional Housing Development & Infrastructure Ltd.) before the NCLAT. The appeal was related to an insolvency matter. The court found no merit in the appeal, stating that no decision had been rendered on merit. The court also noted that the appeal appeared to be frivolous and designed to frustrate the Corporate Insolvency Resolution Process. The court directed the opposite party to file a reply but ultimately dismissed the appeal as not maintainable.

## Issues and analysis

### Issue 1: Whether the appeal filed by Rakesh …

**Ratio:** An appeal must have merit and be

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**Reasoning:** The court found the appeal to be without merit and not maintainable, leading to its

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**Interpretation:** The court interpreted the legal standards for maintainability of an appeal,

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**Application:** The court applied the principle of maintainability to the specific facts of the

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Rakesh Wa…
- **Respondents:** Abhay Man…

## Timeline

- **2020-08-31 — Order…**: The court dismissed the appeal as not maintainable, finding it without merit and…

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