# In the matter of KKR Jupiter Investors Pte. Ltd.Vs IDBI Bank Ltd. & Anr. CA(AT)(Insolvency) 786-2018

> NCLAT judgment dated 2019-01-28. Citation: TCN-2019-NCLAT-00840. The case involves an appeal against an order where no admission order was passed. The…

- **Court:** NCLAT
- **Order date:** 28 Jan 2019
- **Citation:** TCN-2019-NCLAT-00840
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kkr-jupiter-investors-pte-ltdvs-idbi-bank-ltd-anr-caatinsolvency-786-2018-ad8db73b

## Summary

### Background

The case involves an appeal against an order where no admission order was passed. The appellant, KKR Jupiter Investors Pte. Ltd., filed an application under Section 7 of the I&B Code, which was pending before the Adjudicating Authority (National Company Law Tribunal) since May 2018. The respondent is IDBI Bank Ltd. & Anr. The Appellate Tribunal noted that nine months had passed without an admission order being issued.

## Facts

KKR Jupiter Investors Pte. Ltd. filed an application under Section 7 of the Insolvency and Bankruptcy Code (I&B Code). The application was pending before the Adjudicating Authority (National Company Law Tribunal) since May 2018. Nine months passed without any order of admission being issued. IDBI Bank Ltd. & Anr. is the respondent in this case. The learned counsel for IDBI admitted that no order for admission had been passed. An application for intervention could have been entertained under section 60(5) at the stage of admission. The Adjudicating Authority, Ahmedabad Bench, was directed to pass an appropriate order on the application under Section 7 within three weeks after hearing the Financial Creditor (Appellant) and Corporate Debtor. The Corporate Debtor

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## Issues and analysis

### Issue 1: Whether the Appellate Tribunal should interfere with the impugned order given that no order for …

**Ratio:** The Appellate Tribunal is generally disinclined to interfere with orders where no

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**Reasoning:** The court reasoned that since no order for admission had been passed, the matter was

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**Interpretation:** This implies a cautious approach by the Appellate Tribunal, respecting the

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**Application:** In this case, the absence of an admission order led the Tribunal to refrain

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** KKR Jupiter…
- **Respondents:** IDBI Bank…

## Timeline

- **2018-05-01 — Application under…**: KKR Jupiter Investors Pte. Ltd. filed an application under Section 7 of the I&B Code…
- **2018-11-19 — Impugned Ord…**: Date of the impugned order that the appellate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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