# In the matter of Reeta Dhawan vs. Atul Kumar Kansal, RP Universal Buildwell Pvt. Ltd.

> NCLAT judgment dated 2024-05-15. Citation: TCN-2024-NCLAT-00434. The appeal was filed against an order dated 23.05.2023, where the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 15 May 2024
- **Citation:** TCN-2024-NCLAT-00434
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/reeta-dhawan-vs-atul-kumar-kansal-rp-universal-buildwell-pvt-ltd-ded1c70e

## Summary

### Background

The appeal was filed against an order dated 23.05.2023, where the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench) dismissed an application bearing I.A. No. 2008 of 2023 filed by the Appellant. The Appellant's grievance was that the impugned order was non-speaking, failing to address the various prayers made in the application and confining itself to the claim admitted by the Resolution Professional (RP), referencing an email dated 15.02.2023 sent by the RP to the Appellant.

## Facts

Mrs. Reeta Dhawan (Appellant) filed an appeal against an order by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench) that dismissed her application (I.A. No. 2008 of 2023). The application pertained to claims submitted by Mrs. Dhawan, a financial creditor, to the Resolution Professional (RP) of Universal Buildwell Pvt. Ltd. (Respondent). These claims included space rentals from November 2011 to May 2020, overdue payments, outstanding rental differentials, amounts paid for administrative charges, stamp duty, and registration charges, as well as claims related to the handing over of possession of flats and interest on overdue amounts. The Appellant argued that the Adjudicating Authority failed to consider all claims, focusing only on the admitted

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the Appellant's application without …

**Ratio:** The principle that adjudicating authorities must provide reasoned and comprehensive

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**Reasoning:** The court found that the Adjudicating Authority's order was non-speaking because it did

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**Interpretation:** This issue highlights the importance of adjudicating authorities providing

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**Application:** The court applied this principle by setting aside the impugned order and

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## Parties

- **Judges:** Rakesh Kuma…; Indevar P…
- **Appellants:** Reeta D…
- **Respondents:** Universal…; Atul Kumar Kansal…

## Timeline

- **2023-05-23 — Order Da…**: Date of the order passed by the Adjudicating Authority (National Company Law Tribunal,…
- **2023-01-01 — I.A. No. 2008…**: Application bearing I.A. No. 2008 of…

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