# In the matter of Sanjai Kumar Gupta vs. Gouri Prasad Goenka Company Appeal (AT) (Insolvency) No.70 of 2023

> NCLAT judgment dated 2023-02-22. Citation: TCN-2023-NCLAT-00703. The case involves an appeal against an order dated 02.12.2022 passed by the National Company…

- **Court:** NCLAT
- **Order date:** 22 Feb 2023
- **Citation:** TCN-2023-NCLAT-00703
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjai-kumar-gupta-vs-gouri-prasad-goenka-company-appeal-a7a0a595

## Summary

### Background

The case involves an appeal against an order dated 02.12.2022 passed by the National Company Law Tribunal (NCLT), Kolkata Bench, which dismissed IA(I.B.C.)/678(KB)2022 as infructuous and imposed a cost of Rs. 25,000 on the Resolution Professional (RP). The IA was filed by the RP under Section 19, sub-section (2) of the Insolvency and Bankruptcy Code, 2016, seeking directions to the Respondent to disclose documents. The Corporate Insolvency Resolution Process (CIRP) had commenced against the Corporate Debtor Stone India Limited vide order dated 09.11.2021.

## Facts

The Corporate Insolvency Resolution Process (CIRP) commenced against Stone India Limited on 09.11.2021. The Interim Resolution Professional (IRP) was later replaced. The Resolution Professional (RP) filed IA(I.B.C.)/678(KB)2022 under Section 19(2) of the Insolvency and Bankruptcy Code (IBC), seeking directions for the Respondent to disclose documents, alleging non-cooperation. The Adjudicating Authority issued notices and directions to the Respondent to furnish information. Despite these directions, non-cooperation continued. The Adjudicating Authority directed the Respondent to appear in person. The Adjudicating Authority dispensed with the personal appearance of the Respondent on 09.11.2022. On 02.12.2022, the Adjudicating Authority rejected the application as

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in dismissing IA(I.B.C.)/678(KB)2022 as …

**Ratio:** An order dismissing an application without proper reasoning and consideration of relevant

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**Reasoning:** The Adjudicating Authority dismissed the application filed by the RP seeking cooperation

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**Interpretation:** The Adjudicating Authority must provide clear and logical reasoning for its

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**Application:** The Adjudicating Authority's order was deemed unsustainable because it failed

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Sanjai Kuma…
- **Respondents:** Stone India…; Gouri Prasad…

## Timeline

- **2021-11-09 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP) commenced against the Corporate Debtor…
- **2022-02-28 — IRP Repla…**: Interim Resolution Professional (IRP) was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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