# In the matter of Buoyant Technology Constellations Pvt. Ltd. vs. Manyata Reallty and Ors.

> HC judgment dated 2024-10-16. Citation: TCN-2024-HC-00018. This writ appeal challenges the order of a learned Single Judge dated 6th March 2024, which allowed…

- **Court:** HC
- **Order date:** 16 Oct 2024
- **Citation:** TCN-2024-HC-00018
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/buoyant-technology-constellations-pvt-ltd-vs-manyata-reallty-and-ors-e7c61b31

## Summary

### Background

This writ appeal challenges the order of a learned Single Judge dated 6th March 2024, which allowed a writ petition and declared the e-filing of a petition under Section 95 of the Insolvency and Bankruptcy Code (IBC), 2016 as non est and illegal. The original writ petition sought to restrict the National Company Law Tribunal (NCLT) from taking any action on the Section 95 petition, arguing that the Registrar of the NCLT cannot adjudicate on the maintainability of such petitions at the filing stage. The appellant, Buoyant Technology Constellations Pvt. Ltd., had filed the Section 95 petition against M/s Manyata Reallty, a partnership firm, claiming a debt of Rs. 8,11,49,54,687/-. Manyata Reallty contended that the Section 95 petition was not maintainable against a

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## Facts

Buoyant Technology Constellations Pvt. Ltd. (appellant) filed a petition under Section 95 of the Insolvency and Bankruptcy Code (IBC) against M/s Manyata Reallty (respondent), a partnership firm, claiming a debt of Rs. 8,11,49,54,687/-. Manyata Reallty filed a writ petition challenging the maintainability of the Section 95 petition, arguing that it was not maintainable against a partnership firm and that the Registrar of the NCLT could not have entertained it. The Single Judge allowed the writ petition, declaring the e-filing of the Section 95 petition as non est and illegal. The appellant filed a writ appeal against the Single Judge's order. Manyata Reallty and Buoyant Technology had entered into joint development agreements between 2010 and 2015 covering 103 acres of

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## Issues and analysis

### Issue 1: Whether the Registrar of the National Company Law Tribunal (NCLT) can examine the maintainability …

**Ratio:** The Registrar of the NCLT performs a purely administrative function when receiving and

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**Reasoning:** The court relied on the Supreme Court's decision in Jamal Uddin Ahmad Vs. Abu Saleh

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**Interpretation:** The court interpreted Sections 94, 95, 96, 97, 99, and 100 of the IBC to

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**Application:** The court applied the ratio to the facts of the case, holding that the Single

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## Parties

- **Judges:** N. V. An…; K. V. Ar…
- **Appellants:** Buoyant Technology…
- **Respondents:** Manyata Infrastruc…; M/S Manyata…

## Timeline

- **2009-12-23 — Memorandum of…**: The petitioner along with the land owners of certain properties entered into Memorandum…
- **2010-01-01 — Joint Development…**: The petitioner firm Manyata Pvt. Ltd. and appellant have entered into separate joint…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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