# In the matter of Air Travel Enterprises India Ltd. vs. Union Bank of India

> HC judgment dated 2023-12-29. Citation: TCN-2023-HC-00001. The petitioner, M/S. AIR TRAVEL ENTERPRISES INDIA LTD., filed a writ petition being aggrieved by…

- **Court:** HC
- **Order date:** 29 Dec 2023
- **Citation:** TCN-2023-HC-00001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/air-travel-enterprises-india-ltd-vs-union-bank-of-india-3b844502

## Summary

### Background

The petitioner, M/S. AIR TRAVEL ENTERPRISES INDIA LTD., filed a writ petition being aggrieved by Ext.P3 order of the National Company Law Tribunal (NCLT), Kochi Bench. The petitioner sought relief against the order passed by the NCLT.

## Facts

M/S. AIR TRAVEL ENTERPRISES INDIA LTD. filed a writ petition against an order (Ext.P3) from the National Company Law Tribunal (NCLT), Kochi Bench. The petitioner's counsel argued that the NCLT order was appealable, but no interim relief could be obtained because the NCLT was not in session. The counsel referred to clause No.22(vi) of the Writ Petition, which stipulated a one-week period for the Corporate Debtor to provide documents to the IRP. The court was informed that the period had expired on the day of the hearing. The respondent had filed an application C.P (IBC) NO.33/КΟB/2023, and the order in question was dated 22.12.2023.

## Issues and analysis

### Issue 1: Whether the petitioner is entitled to interim …

**Ratio:** The principle of preserving the subject matter of an appeal is applied when the appellant

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**Reasoning:** The court reasoned that since the NCLT was not in session to grant interim relief and an

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**Interpretation:** The interpretation involves balancing the rights of the parties and ensuring

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**Application:** The court applied this principle by directing the IRP not to take possession of

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## Parties

- **Judges:** C. JAYACH…
- **Appellants:** M/s. Air Travel…
- **Respondents:** Union Bank of…
- **Other parties:** Kohi…

## Timeline

- **2023-07-18 — Application…**: The respondent filed an…
- **2023-12-13 — Written Subm…**: The petitioner filed…

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