# In the matter of Vijay Kumar V. Iyer Vs. Resolution Professional of Aircel Cellular Ltd. CA(AT)(Ins) No. 221-223 of 2020

> NCLAT judgment dated 2020-02-06. Citation: TCN-2020-NCLAT-00441. Three appeals were filed against orders of simple adjournment, with the appellants claiming…

- **Court:** NCLAT
- **Order date:** 6 Feb 2020
- **Citation:** TCN-2020-NCLAT-00441
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vijay-kumar-v-iyer-vs-resolution-professional-of-aircel-cellular-ltd-ca-608c4f45

## Summary

### Background

Three appeals were filed against orders of simple adjournment, with the appellants claiming to be aggrieved. The appeals were related to applications under Section 31 of the Insolvency and Bankruptcy Code, 2016. The appellate tribunal noted concerns regarding inordinate delays in the disposal of the applications.

## Facts

Vijay Kumar V. Iyer filed three appeals against the Resolution Professional of Aircel Cellular Ltd. (in two appeals) and the Resolution Professional of Dishnet Wireless Ltd. (in one appeal). The appeals challenged orders of simple adjournment. The appeals were related to applications under Section 31 of the Insolvency and Bankruptcy Code, 2016. The appellate tribunal noted concerns regarding inordinate delays in the disposal of the applications.

## Issues and analysis

### Issue 1: Whether the appeals against orders of simple adjournment are maintainable when the order under …

**Ratio:** Appeals are not maintainable if the underlying order is reserved and there is no cause

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**Reasoning:** The appellate tribunal found that the appeals were not maintainable because the order

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**Interpretation:** This interprets the scope of appealable orders, indicating that simple

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**Application:** The ratio was applied to the facts, finding that the appellants were not

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## Parties

- **Judges:** Bansi Lal…; V. P. S…; +1 more
- **Appellants:** Vijay Kumar…
- **Respondents:** Aircel Cellular…; Resolution…

## Timeline

- **2020-02-06 — Order Da…**: The appellate tribunal disposed of the appeals with a direction to the Adjudicating…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31 — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

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