# In the matter of Sanjay Gupta Vs. Raj Kumar Verma & Ors. CA(AT)(Ins) No. 1456 of 2019

> NCLAT judgment dated 2019-12-16. Citation: TCN-2019-NCLAT-00016. The appeal was filed against an order dated 7th June 2019, which was not challenged by the…

- **Court:** NCLAT
- **Order date:** 16 Dec 2019
- **Citation:** TCN-2019-NCLAT-00016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjay-gupta-vs-raj-kumar-verma-ors-ca-10b77bc0

## Summary

### Background

The appeal was filed against an order dated 7th June 2019, which was not challenged by the Liquidator and had reached finality. The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, through its order dated 5th November 2019, observed that no further clarification was required and directed the Liquidator to comply with the directions in letter and spirit.

## Facts

The Liquidator filed an appeal against an order dated 7th June 2019. This order had not been challenged previously by the Liquidator and had reached finality. The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, issued an order dated 5th November 2019, stating that no further clarification was required and instructing the Liquidator to comply with the existing directions. The court found no merit in the Liquidator's appeal and condoned a 4-day delay in filing the appeal before dismissing it.

## Issues and analysis

### Issue 1: Whether the appeal preferred by the Liquidator has merit, considering the initial order was not …

**Ratio:** An appeal can be dismissed if the initial order was not challenged and has reached

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**Reasoning:** The court reasoned that since the Liquidator did not challenge the initial order of 7th

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**Interpretation:** This interpretation suggests that if a party fails to challenge an order and it

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Sanjay…
- **Respondents:** Raj Kumar Verma &…

## Timeline

- **2019-06-07 — Initial Ord…**: Order dated 7th June 2019, which was…
- **2019-11-05 — Adjudicating Authority…**: The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi,…

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