# In the matter of Emaar Hills Township Private Limited Vs. Srinivas Manthena & Anr. CA (AT) (CH) (INS) No. 178 of 2021

> NCLAT judgment dated 2021-11-15. Citation: TCN-2021-NCLAT-00053. This case involves an appeal against an order passed by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 15 Nov 2021
- **Citation:** TCN-2021-NCLAT-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/emaar-hills-township-private-limited-vs-srinivas-manthena-anr-ca-07bb320e

## Summary

### Background

This case involves an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench) in CP(IB) No. 394/7/HDB/2020. The appeal was filed by the Corporate Debtor, M/S Emaar Hills Township Private Limited, against the impugned order dated 18.06.2021. The Adjudicating Authority had directed the Registry to club applications filed under Section 7 of the Insolvency and Bankruptcy Code (IBC) by allottees/financial creditors against the Corporate Debtor and place them before the Bench for hearing. The appellant contended that the impugned order was contrary to the directions issued by the Supreme Court in Manish Kumar Vs Union of India. The appellant argued that the allottees had not complied with the amended provisions of Section

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## Facts

M/S Emaar Hills Township Private Limited, the Corporate Debtor, appealed against an order dated 18.06.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench) in CP(IB) No. 394/7/HDB/2020. The Adjudicating Authority had directed its Registry to club applications filed under Section 7 of the Insolvency and Bankruptcy Code (IBC) by allottees/financial creditors against the Corporate Debtor. The appellant argued that the impugned order was contrary to the directions issued by the Supreme Court in Manish Kumar Vs Union of India, which dealt with the threshold requirements for initiating CIRP by financial creditors/allottees under Section 7 of the IBC. The appellant contended that the allottees had not complied with the amended provisions

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order to club applications under Section 7 of the IBC was …

**Ratio:** The ratio is based on the interpretation of Section 7 of the IBC, particularly the

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**Reasoning:** The Tribunal reasoned that the Adjudicating Authority's order to club applications was

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**Interpretation:** The interpretation of Section 7 of the IBC and the Supreme Court's judgment in

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**Application:** In this case, the Tribunal found that the allottees had not complied with the

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## Parties

- **Judges:** M. Venu…; KanthiNar…
- **Respondents:** M/S Emaar Hills…; Srinivas Ma…

## Timeline

- **2019-12-28 — Promulgation of Insolvency and Bankruptcy Code…**: The Government of India promulgated the Insolvency and Bankruptcy Code (Amendment)…
- **2020-03-13 — Approval of the…**: The Ordinance was approved by the Parliament vide the enactment of Insolvency &…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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