# In the matter of Uttar Pradesh Power Corporation Limited vs. Union Of India > HC judgment dated 2024-09-10. Citation: TCN-2024-HC-00032. The writ petition was filed seeking a mandamus to declare the actions of respondents related to the… - **Court:** HC - **Order date:** 10 Sept 2024 - **Citation:** TCN-2024-HC-00032 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/uttar-pradesh-power-corporation-limited-vs-union-of-india-eee011bd ## Summary ### Background The writ petition was filed seeking a mandamus to declare the actions of respondents related to the Corporate Insolvency Resolution Process (CIRP) of KSK Mahanadi Private Limited, KSK Water Infrastructures Private Limited, and Raigarh Champa Rail Infrastructure Private Limited. The petitioner sought consolidation of the CIRP of these companies before the NCLT Hyderabad Bench. Punjab National Bank had previously filed an application for consolidation, which was rejected by the NCLT. An appeal was filed before the NCLAT, and during its pendency, further applications were filed before the NCLT. The NCLT deferred the Resolution Process pending the outcome of the appeal before the NCLAT. ## Facts The petitioner filed a writ petition seeking consolidation of the CIRP of KSK Mahanadi Private Limited, KSK Water Infrastructures Private Limited, and Raigarh Champa Rail Infrastructure Private Limited. Punjab National Bank, a financial creditor, had previously filed an application for consolidation, which was rejected by the NCLT on 2021-02-12. Punjab National Bank then filed an appeal before the NCLAT, which was later withdrawn. During the pendency of the appeal, further applications were filed before the NCLT, which deferred the Resolution Process until the outcome of the appeal before the NCLAT. The petitioner did not file any appeal or seek any direction from the NCLT or NCALT. The petitioner's grievance was that certain rights and interests were created in its … ## Issues and analysis ### Issue 1: Whether the petitioner has the right to question the withdrawal of the appeal by the Financial … **Ratio:** A party who has not filed an appeal or sought any direction from the relevant tribunal … **Reasoning:** The court reasoned that since the petitioner had not filed any application either before … **Interpretation:** This principle establishes that a party must actively pursue its legal remedies … **Application:** The petitioner, having failed to file an appeal or seek directions from the … ## Parties - **Judges:** C. V. Bhaskar… - **Respondents:** KSK Mahanadi…; Respondent… - **Other parties:** Kohi… ## Timeline - **2019-10-03 — NCLT Ord…**: Order passed by the National Company Law Tribunal, Hyderabad (“NCLT”) regarding Corporate… - **2020-01-01 — IA No.32/202…**: Punjab National Bank filed I.A.No.32/2020 in CP(IB) No.492/07/HDB/2019 on the file of… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/uttar-pradesh-power-corporation-limited-vs-union-of-india-eee011bd