# In the matter of Ravi Goyal Vs. Butterfly Appliances CA (AT) (Insolvency) No. 662-2018

> NCLAT judgment dated 2019-01-31. Citation: TCN-2019-NCLAT-00822. The appellant challenged an order dated August 1, 2018, and filed a petition for condonation…

- **Court:** NCLAT
- **Order date:** 31 Jan 2019
- **Citation:** TCN-2019-NCLAT-00822
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ravi-goyal-vs-butterfly-appliances-ca-b80cd771

## Summary

### Background

The appellant challenged an order dated August 1, 2018, and filed a petition for condonation of delay, claiming the impugned order was passed ex-parte and they had no knowledge until September 18, 2018. The appeal was filed on September 24, 2018.

## Facts

The appellant, Ravi Goyal, challenged an order dated August 1, 2018, and simultaneously filed a petition seeking condonation of delay. The appellant contended that the impugned order was passed ex-parte, and they were unaware of it until they received a certified copy on September 18, 2018 . Subsequently, the appeal was filed on September 24, 2018 , which, according to the appellant, meant there was no delay in filing. The respondent, Butterfly Appliances, through its counsel, argued that the appellant had prior knowledge of the matter's pendency. However, the record did not contain any evidence to suggest that the Adjudicating Authority had issued a notice to the appellant regarding the proceedings. This lack of documented notice was a crucial point in determining the

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## Issues and analysis

### Issue 1: Whether the appeal filed by Ravi Goyal …

**Ratio:** An appeal is considered filed within the period of limitation if it is preferred shortly

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**Reasoning:** The Tribunal considered the date the certified copy of the impugned order was provided to

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**Interpretation:** The Tribunal interpreted the period of limitation to commence from the date the

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**Application:** Since the appellant received the certified copy on September 18, 2018, and

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Ravi G…
- **Respondents:** Butterfly…
- **Advocates:** Rajat S. T…; Sonali Ka…; +6 more

## Timeline

- **August 1, 2018 — Impugned Orde…**: The order challenged by…
- **September 18, 2018 — Certified Copy…**: The appellant received the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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