# In the matter of Manisha Nimesh Mehta Vs Technology Development Board & Ors.

> HC judgment dated 2024-10-01. Citation: TCN-2024-HC-00026. The petitioner, Mrs. Manisha Nimesh Mehta, promoter and guarantor of M/s. Perfect Infraengineers…

- **Court:** HC
- **Order date:** 1 Oct 2024
- **Citation:** TCN-2024-HC-00026
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/manisha-nimesh-mehta-vs-technology-development-board-ors-b43e55a7

## Summary

### Background

The petitioner, Mrs. Manisha Nimesh Mehta, promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition seeking a declaration that the company is a Micro, Small, and Medium Enterprise (MSME) under the MSMED Act, 2006, and related notifications. The petitioner also challenged the maintainability of SARFAESI proceedings against them. The case has a complex history involving multiple petitions, appeals to the Supreme Court, and proceedings before the NCLT. The Technology Development Board (TDB), Respondent No. 1, initiated Corporate Insolvency Resolution Process (CIRP) against the petitioner's company. The petitioner challenged this CIRP initiation and sought recusal of NCLT members.

## Facts

Mrs. Manisha Nimesh Mehta, promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition challenging the initiation of CIRP by the Technology Development Board (TDB). The petitioner sought a declaration of being an MSME and challenged the applicability of SARFAESI proceedings. The NCLT admitted the company petition filed by the TDB under Section 7 of the IBC, leading to the initiation of CIRP and a moratorium. The petitioner filed interlocutory applications before the NCLT seeking recusal of members and impleadment of officers, which were dismissed. The petitioner also filed multiple writ petitions and appeals before the High Court and the Supreme Court, challenging the NCLT's orders and seeking various reliefs. The Supreme Court passed an order

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## Issues and analysis

### Issue 1: Whether the NCLT should be directed to reconsider its orders admitting the company petition and …

**Ratio:** The principle of natural justice and the need for a fair hearing require that the NCLT

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**Reasoning:** The court reasoned that since the Supreme Court had set aside a previous judgment and

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**Interpretation:** This involves interpreting the scope and effect of the Supreme Court's judgment

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**Application:** The ratio and reasoning are applied to the specific facts of the case by

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## Parties

- **Judges:** A. S. Ga…; Neela Go…
- **Appellants:** Manisha Nimesh…
- **Respondents:** M/s. Perfect…; Bank of…
- **Other parties:** Kohi…

## Timeline

- **2015-05-29 — Notificatio…**: Date of the Notification issued by the Central Government under Section 9 of the MSMED…
- **2024-01-11 — High Court J…**: The High Court held that identification of stress faced by MSMEs by the banks is not…

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