# In the matter of Taufik Sayeed Hudli & Ors. vs. Mangesh Vithal Kekre & Ors.

> NCLAT judgment dated 2024-08-29. Citation: TCN-2024-NCLAT-00232. The case involves an appeal filed by the Suspended Director of a Corporate Debtor challenging…

- **Court:** NCLAT
- **Order date:** 29 Aug 2024
- **Citation:** TCN-2024-NCLAT-00232
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/taufik-sayeed-hudli-ors-vs-mangesh-vithal-kekre-ors-46a34ae1

## Summary

### Background

The case involves an appeal filed by the Suspended Director of a Corporate Debtor challenging an order dated 20.06.2024, passed by the Adjudicating Authority based on a resolution by the Committee of Creditors on 02.03.2023, which directed the liquidation of the corporate debtor. The appellant contends that the Corporate Debtor is a MSME and that they intended to file a resolution plan in the CIRP but were unable to do so, seeking an extension of time.

## Facts

The Suspended Director of a Corporate Debtor filed an appeal challenging the Adjudicating Authority's order dated 20.06.2024, which directed the liquidation of the corporate debtor based on a resolution by the Committee of Creditors on 02.03.2023. The appellant claimed the Corporate Debtor is a MSME and intended to file a resolution plan but failed to do so. The appellant sought condonation for a 14-day delay in filing the appeal. The court condoned the delay. The Corporate Debtor is considered to be an MSME. The appellant can submit a compromise or arrangement as contemplated by Regulation 2(B) of the Liquidation Regulation, 2016, and Section 230 of the Companies Act within 90 days.

## Issues and analysis

### Issue 1: Whether the delay in filing …

**Ratio:** Sufficient cause was

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**Reasoning:** The court found that the reasons provided in paragraphs 3 and 4 of the application were

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**Interpretation:** The court interpreted the application and supporting documents to determine if

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**Application:** The court applied the principle of condoning delays when sufficient cause is

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Taufik Sayeed…
- **Respondents:** Hudli and Sons…; Mangesh Vithal…
- **Advocates:** Siddharth…; Sneha B…

## Timeline

- **2023-03-02 — Resolution by Committee…**: The Committee of…
- **2024-06-20 — Order by Adjudicating…**: The Adjudicating Authority directed the…

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