# In the matter of Duggi Venkata Srinivasa Rao  Vs Balakrishna Venkatachalam

> NCLAT judgment dated 2024-04-25. Citation: TCN-2024-NCLAT-00481. The case involves a Company Appeal filed against an Impugned Order dated 01.03.2024 passed by…

- **Court:** NCLAT
- **Order date:** 25 Apr 2024
- **Citation:** TCN-2024-NCLAT-00481
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/duggi-venkata-srinivasa-rao-vs-balakrishna-venkatachalam-4e2bcc18

## Summary

### Background

The case involves a Company Appeal filed against an Impugned Order dated 01.03.2024 passed by the Adjudicating Authority in CP(IB)93/BB/2023. Prior to filing the appeal, the appellant had filed a Writ Petition (WP No. 7137/2024) challenging the same order. The High Court initially granted an Interim Order in the Writ Petition, but later dismissed it on 18.04.2024, allowing the appellant to approach the Appellate Tribunal. The Single Judge of the High Court maintained the Interim Order for some time, which was earlier granted in the Writ Petition.

## Facts

M/s Duggi Venkata Srinivasa Rao filed a Company Appeal against an Impugned Order dated 01.03.2024 passed by the Adjudicating Authority in CP(IB)93/BB/2023. Before filing the appeal, the appellant had filed a Writ Petition (WP No. 7137/2024) in the High Court challenging the same order. The High Court initially granted an Interim Order but later dismissed the Writ Petition on 18.04.2024, allowing the appellant to approach the Appellate Tribunal. Balakrishna Venkatachalam, IRP of Allam Infinite India Pvt. Ltd. & Anr. are the respondents. A similar Company Appeal (AT) CH Ins. No. 131/2024, Gulam Mustafa Vs. Balakrishna Venkatachalam and Ors., is already pending consideration. The respondent's counsel acknowledges the existence of an Interim Order in the Writ Petition.

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## Issues and analysis

### Issue 1: Whether the Company Appeal should be admitted given the prior filing and subsequent dismissal of a …

**Ratio:** The principle of res judicata or principles analogous thereto may be relevant, but the

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**Reasoning:** The court acknowledges the prior Writ Petition and its dismissal but notes that the High

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**Interpretation:** The interpretation hinges on the scope of the liberty granted by the High

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**Application:** The court will likely examine the High Court's order to determine the scope of

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** M/s Duggi Venkata…
- **Respondents:** Allam Infinite…; Balakrishna…
- **Advocates:** E. Om Pr…; R. Mone…; +2 more

## Timeline

- **2024-03-01 — Impugned Ord…**: Date of the Impugned Order passed by the…
- **2024-04-18 — Writ Petition…**: The High Court dismissed the Writ Petition (WP No. 7137/2024) with liberty to approach…

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