# In the matter of K. Kishan Vs. Vijay Nirman Company Pvt. Ltd. CA (AT) (Insolvency) No. 211-2017

> NCLAT judgment dated 2017-11-20. Citation: TCN-2017-NCLAT-00053. The case involves an appeal against an order dated 29th August 2017, passed by the…

- **Court:** NCLAT
- **Order date:** 20 Nov 2017
- **Citation:** TCN-2017-NCLAT-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/k-kishan-vs-vijay-nirman-company-pvt-ltd-ca-10f75aba

## Summary

### Background

The case involves an appeal against an order dated 29th August 2017, passed by the Adjudicating Authority, which was challenged in CP(IB) No. 100/9/HDB/2017. The Appellate Tribunal dismissed the appeal based on the judgment in "Ksheerabad Construction Pvt. Ltd. Vs. Vijay Nirman Company Pvt. Ltd."- Company Appeal(AT)(Ins) no. 167 of 2017.

## Facts

The Appellant, K. Kishan, filed an appeal against an order dated 29th August 2017, passed by the Adjudicating Authority. The order was challenged in CP(IB) No. 100/9/HDB/2017. The Appellate Tribunal dismissed the appeal, citing the decision in "Ksheerabad Construction Pvt. Ltd. Vs. Vijay Nirman Company Pvt. Ltd."- Company Appeal(AT)(Ins) no. 167 of 2017, as the basis for the dismissal. The case of the Appellant was deemed to be covered by the decision in the cited case.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed based on the precedent set in "Ksheerabad Construction …

**Ratio:** The ratio is that if a case is covered by a previous decision, the same outcome should be

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**Reasoning:** The court reasoned that the appellant's case was similar to the one decided in

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**Interpretation:** The interpretation is that the court is following the principle of stare

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**Application:** The ratio and reasoning were applied to the specific facts of the case, leading

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** K. KI…
- **Respondents:** Vijay Nirman…

## Timeline

- **2017-08-29 — Order by Adjudicating…**: An order was passed by the Adjudicating…
- **2017-11-20 — Appeal Dis…**: The Appellate Tribunal dismissed the appeal based on the judgment in "Ksheerabad…

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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/nclat-new-delhi/k-kishan-vs-vijay-nirman-company-pvt-ltd-ca-10f75aba