# In the matter of Ujwal Gupta, Director of Geenworld International Private Limited & Ors. Vs. Italimpianti Orafi Spa & Ors. CA(AT)(Ins) No. 19 of 2020

> NCLAT judgment dated 2020-01-06. Citation: TCN-2020-NCLAT-00588. The case is an appeal filed under Company Appeal (AT) (Insolvency) No. 19 of 2020. The…

- **Court:** NCLAT
- **Order date:** 6 Jan 2020
- **Citation:** TCN-2020-NCLAT-00588
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ujwal-gupta-director-of-geenworld-international-private-limited-ors-vs-italimpia-06379f28

## Summary

### Background

The case is an appeal filed under Company Appeal (AT) (Insolvency) No. 19 of 2020. The appellant sought condonation of a 10-day delay in filing the appeal. The appellant also intends to settle the matter with the respondents.

## Facts

Ujwal Gupta, Director of Greenworld International Private Limited & Ors., filed an appeal against M/s. Italimpianti Orafi Spa & Ors. The appeal had a delay of 10 days. The appellant claimed a pre-existing dispute and expressed intent to settle with the respondents. The court considered the delay and the need to maintain the corporate debtor as a going concern during the resolution process. The Interim Resolution Professional/Resolution Professional is responsible for ensuring the company remains a going concern and that manufacturing and production are not negatively impacted. Banks with accounts of the corporate debtor are required to cooperate with the Resolution Professional.

## Issues and analysis

### Issue 1: Whether the delay of 10 days in …

**Ratio:** The court has the discretion to condone

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**Reasoning:** The court was satisfied with the grounds

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**Interpretation:** The court interpreted the relevant provisions regarding condonation of delay in

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**Application:** The court applied its discretion to condone the 10-day delay based on the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Ujwal G…
- **Respondents:** Greenworld…; M/s. Italimpianti…

## Timeline

- **2020-01-06 — Order Da…**: The court heard learned counsel for the Appellant and condoned the delay of 10 days in…
- **2020-01-07 — Filing of Pro…**: Requisites along with process fee…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12(a) — Time-limit for completion of insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12)

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