# In the matter of Sanjeev Gupta & Anr. vs. Anishka Developers Pvt. Ltd.

> NCLAT judgment dated 2023-07-12. Citation: TCN-2023-NCLAT-00384. The appeal was filed against an order dated 24.03.2023, which dismissed an application filed…

- **Court:** NCLAT
- **Order date:** 12 Jul 2023
- **Citation:** TCN-2023-NCLAT-00384
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjeev-gupta-anr-vs-anishka-developers-pvt-ltd-98ccc584

## Summary

### Background

The appeal was filed against an order dated 24.03.2023, which dismissed an application filed under Section 7. The dismissal was based on the grounds that the date of default fell within the period stated under Section 10A, thus barring the initiation of proceedings under the Code.

## Facts

An appeal was filed against an order dated 24.03.2023 that dismissed an application under Section 7 of the IBC. The dismissal was based on the determination that the date of default fell within the period specified under Section 10A of the IBC, which bars the initiation of proceedings. The appellant argued that the default continued even after the Section 10A period. The appellant sought permission to withdraw the appeal to file a fresh application under Section 7 with appropriate materials. The court allowed the withdrawal, clarifying that it was not expressing any opinion on the merits of the claim regarding whether the application was barred by Section 10A. The respondent retains the right to raise objections, including those related to Section 10A.

## Issues and analysis

### Issue 1: Whether the application filed under Section 7 is barred by Section 10A of the Insolvency and …

**Ratio:** The legal principle revolves around the interpretation and application of Section 10A of

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**Reasoning:** The court did not provide a definitive ruling on the issue of whether Section 10A barred

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**Interpretation:** Section 10A is interpreted as a temporary suspension of the right to initiate

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**Application:** In this case, the court did not apply the ratio directly. Instead, it allowed

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Sanjeev…
- **Respondents:** Anishka Developers…

## Timeline

- **2023-03-24 — Order Da…**: Order was passed dismissing the…
- **2023-07-12 — Appeal Fili…**: The appeal was filed against…

## 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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