# In the matter of Krishna Hi-Tech Infrastructure Pvt. Ltd. vs. Kshitiz Chhawchharia & Ors.

> Read the full IBC case summary for In the matter of Krishna Hi-Tech Infrastructure Pvt. Ltd. vs. Kshitiz Chhawchharia & Ors.. NCLAT judgment dated 2024-08-07.…

- **Court:** NCLAT
- **Order date:** 7 Aug 2024
- **Citation:** TCN-2024-NCLAT-00739
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/krishna-hi-tech-infrastructure-pvt-ltd-vs-kshitiz-chhawchharia-ors-e0a28923

## Summary

### Background

The appeal was filed against an order of the National Company Law Tribunal, Kolkata Bench, which disposed of an application but failed to decide a specific prayer (Clause 5(a)) regarding the payment of lease rent and release of materials or their market value.

## Facts

The appellant, Krishna Hi-Tech Infrastructure Pvt. Ltd., an operational creditor, filed an appeal against an order dated November 10, 2023, passed by the National Company Law Tribunal, Kolkata Bench. The original application, I.A No. 773 (KB) 2021, was disposed of, but a specific prayer in Clause 5(a) of the application remained undecided by the Tribunal. This prayer sought directions for the Resolution Professional to pay lease rent and release materials or their market value.

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## Issues and analysis

### Issue 1: Whether the National Company Law Tribunal, Kolkata Bench, erred by not deciding prayer 5(a) of the…

**Ratio:** The Tribunal must address all prayers made in…

**Reasoning:** The NCLAT perused prayer 5(a) of the application and the findings in Paragraph 9 of the…

**Interpretation:** The NCLAT interpreted the omission of a decision on prayer 5(a) as an oversight…

**Application:** The NCLAT directed the Tribunal to decide prayer 5(a) after hearing all parties…

## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Advocates:** A.K. Shriv…; Akash S…; +6 more

## Timeline

- **November 25, 2016 — Rental Orde…**: Date of the rental order for…
- **March 14, 2019 — Lease Rent Com…**: Date from which lease rent is…

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