# In the matter of RMS Employees Welfare Trust Vs. Anil Goel CA (AT) (Insolvency) No. 699-2018

> NCLAT judgment dated 2019-01-02. Citation: TCN-2019-NCLAT-00895. The case is an appeal filed by RMS Employees Welfare Trust against Anil Goel under Company…

- **Court:** NCLAT
- **Order date:** 2 Jan 2019
- **Citation:** TCN-2019-NCLAT-00895
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rms-employees-welfare-trust-vs-anil-goel-ca-141c87f6

## Summary

### Background

The case is an appeal filed by RMS Employees Welfare Trust against Anil Goel under Company Appeal (AT) (Insolvency) No. 699 of 2018. The respondent did not appear despite service of notice. The appeal was admitted for hearing.

## Facts

RMS Employees Welfare Trust filed an appeal against Anil Goel. Despite being served a notice, Anil Goel did not appear. The appeal was admitted for hearing. The court requested Mr. Rajiv Ranjan, learned Senior Counsel, to assist the Appellate Tribunal on the question of law. The hearing remained inconclusive. The matter was posted for further hearing on January 7, 2019. The appellant and the Amicus Curiae were allowed to file short written submissions on the question of law.

## Issues and analysis

### Issue 1: Whether the appeal should be admitted for hearing given the respondent's absence despite service of …

**Ratio:** The absence of the respondent despite service of notice does not automatically preclude

…

**Reasoning:** The court admitted the appeal for hearing, indicating that the absence of the respondent

…

**Interpretation:** The interpretation is that the court can proceed with a hearing even if the

…

**Application:** In this specific case, the court's decision to admit the appeal for hearing

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** RMS Employees…
- **Respondents:** Anil…

## Timeline

- **2018-01-01 — Appeal F…**: Company Appeal (AT)…
- **2019-02-01 — Order Da…**: Order issued admitting the appeal for…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/rms-employees-welfare-trust-vs-anil-goel-ca-141c87f6