# In the matter of Ram Kishore Arora Suspended Director Of Supertech Ltd.  Vs Union Bank Of India & Anr.

> NCLAT judgment dated 2022-04-12. Citation: TCN-2022-NCLAT-00545. The case is an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning…

- **Court:** NCLAT
- **Order date:** 12 Apr 2022
- **Citation:** TCN-2022-NCLAT-00545
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ram-kishore-arora-suspended-director-of-supertech-ltd-vs-union-bank-of-india-anr-05124c48

## Summary

### Background

The case is an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The appellant, Ram Kishor Arora, is the Suspended Director of Supertech Ltd. The respondents are Union Bank of India & Anr. The appeal was adjourned for one week at the appellant's request to allow him to approach the bank again.

## Facts

Ram Kishor Arora, the Suspended Director of Supertech Ltd., filed an appeal before the NCLAT against Union Bank of India & Anr. On 12.04.2022, Shri Arun Kathpalia, the appellant's counsel, requested an adjournment of one week to allow the appellant to approach the bank. The NCLAT granted the adjournment and listed the appeal for the next hearing on 19.04.2022. The tribunal also directed that the IRP should not constitute the CoC until the next hearing date. This suggests a negotiation or settlement attempt between the parties.

## Issues and analysis

### Issue 1: Whether the NCLAT was justified in adjourning the appeal to allow the appellant to approach the …

**Ratio:** Courts and tribunals have the discretion to grant adjournments to facilitate settlement

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**Reasoning:** The NCLAT granted the adjournment based on the appellant's request to approach the bank,

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**Interpretation:** Adjournments are a procedural aspect of legal proceedings, and tribunals have

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**Application:** In this case, the appellant's request to approach the bank was deemed a

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…; +2 more
- **Appellants:** Ram Kishor…
- **Respondents:** Supertech…; Union Bank of…
- **Advocates:** Arun Kath…; Abhijeet…; +10 more

## Timeline

- **2022-04-12 — Appeal Adj…**: Appellant's counsel requested an adjournment to approach the bank. The NCLAT adjourned…
- **2022-04-19 — Next Hearin…**: The appeal is listed for the next…

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