# In the matter of Bharat Heavy Electricals Ltd. vs. Hiranmaye Energy Ltd.

> HC judgment dated 2024-02-16. Citation: TCN-2024-HC-00127. The case involves a dispute between Bharat Heavy Electricals Ltd (award-holder) and Hiranmaye…

- **Court:** HC
- **Order date:** 16 Feb 2024
- **Citation:** TCN-2024-HC-00127
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/bharat-heavy-electricals-ltd-vs-hiranmaye-energy-ltd-59e27961

## Summary

### Background

The case involves a dispute between Bharat Heavy Electricals Ltd (award-holder) and Hiranmaye Energy Ltd (award-debtor). The matter is before the High Court at Calcutta, under its Ordinary Original Civil Jurisdiction, specifically the Commercial Division. Both parties' counsels requested an adjournment.

## Facts

Bharat Heavy Electricals Ltd (award-holder) and Hiranmaye Energy Ltd (award-debtor) are parties in a dispute before the High Court at Calcutta. The counsels for both parties requested an adjournment. The award-holder has an appeal pending before the NCLAT. The promoter of the award-debtor has a statutory appeal pending before the Supreme Court, arising from a rejection order by the NCLAT. The relevance of these facts is that the pending appeals in higher courts could impact the proceedings in the High Court, justifying the adjournment.

## Issues and analysis

### Issue 1: Whether the High Court should grant an adjournment when appeals related to the matter are pending …

**Ratio:** Courts generally grant adjournments when parallel proceedings in higher courts could

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**Reasoning:** The court reasoned that since an appeal by the award-holder is pending before the NCLAT

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**Interpretation:** This legal issue involves the interpretation of procedural rules and the

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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:** Moushumi Bhattacha…
- **Appellants:** Bharat Heavy…
- **Respondents:** Hiranmaye Energy…
- **Other parties:** Kohi…

## Timeline

- **2024-02-16 — Hearing…**: The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA…

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