# In the matter of Jet Airways (India) Limited vs. Naveen Rai & Anr.

> HC judgment dated 2024-09-02. Citation: TCN-2024-HC-00038. The writ petition challenges an order by the National Consumer Disputes Redressal Commission…

- **Court:** HC
- **Order date:** 2 Sept 2024
- **Citation:** TCN-2024-HC-00038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/jet-airways-india-limited-vs-naveen-rai-anr-b422ef14

## Summary

### Background

The writ petition challenges an order by the National Consumer Disputes Redressal Commission (NCDRC) directing the petitioner, who was the opposite party in the proceedings, to file a copy of the resolution plan and information memorandum. The NCDRC also requested the authorized representative of the petitioner company's Monitoring Committee to appear before them. The NCDRC is adjudicating whether Section 238 of the Insolvency and Bankruptcy Code (IBC) prohibits the redressal of a claim under the Consumer Protection Act when the claim was not presented to the Insolvency Resolution Professional during the moratorium period, and the IBC proceedings have concluded with the NCLT's approval of the resolution plan.

## Facts

Jet Airways India Limited, the petitioner, is facing proceedings before the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC directed Jet Airways to file a copy of its resolution plan and information memorandum. The NCDRC also requested the presence of the authorized representative of the Monitoring Committee. The NCDRC is considering the legal question of whether Section 238 of the Insolvency and Bankruptcy Code (IBC) prohibits the redressal of a claim under the Consumer Protection Act when the claim was not staked before the Insolvency Resolution Professional during the moratorium period, and the IBC proceedings have concluded with the NCLT's approval of the resolution plan. The NCDRC order was dated 22nd November 2023. The petitioner challenged

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## Issues and analysis

### Issue 1: Whether the provisions of Section 238 of the IBC prohibit the redressal of a claim under the …

**Ratio:** The court did not explicitly state a ratio but implied that the NCDRC should first

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**Reasoning:** The court reasoned that the NCDRC was already seized with the legal question and was in

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**Interpretation:** The legal issue concerns the conflict between the IBC and the Consumer

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**Application:** The court applied this reasoning to the specific facts by directing the

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## Parties

- **Judges:** Sanjeev N…
- **Respondents:** Jet Airways…; NAVEEN RAI…
- **Other parties:** Kohi…

## Timeline

- **2023-11-22 — NCDRC Or…**: NCDRC issued an order directing the petitioner to file a copy of the resolution plan and…
- **2024-07-05 — Impugned Ord…**: Date of the order passed by the National…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3 — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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