# In the matter of Aamby Valley Limited

> NCLT judgment dated 2021-12-15. Citation: TCN-2021-NCLT-00156. The case involves Hira Interiors as the Operational Creditor and Aamby Valley Ltd as the…

- **Court:** NCLT
- **Order date:** 15 Dec 2021
- **Citation:** TCN-2021-NCLT-00156
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aamby-valley-limited-609daf11

## Summary

### Background

The case involves Hira Interiors as the Operational Creditor and Aamby Valley Ltd as the Corporate Debtor. The petition was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. The court observed that only one set of hard copies of the petition was on record and directed the petitioner to provide a second set before the next hearing date.

## Facts

Hira Interiors, the Operational Creditor, initiated proceedings against Aamby Valley Ltd, the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. During the hearing, the court noted that only one set of hard copies of the petition was on record. The Advocate for the Respondent referred to an order dated 07.12.2018 from the Hon'ble Supreme Court, which stated that no court in the country should entertain petitions pertaining to Aamby Valley City. This Supreme Court order is a crucial fact influencing the NCLT's decision to adjourn the matter. The lack of complete documentation (only one set of hard copies) also contributed to the adjournment.

## Issues and analysis

### Issue 1: Whether the petition filed by Hira Interiors against Aamby Valley Ltd should be entertained given …

**Ratio:** The principle of judicial comity and the binding nature of Supreme Court orders on lower

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**Reasoning:** The court reasoned that the Hon'ble Supreme Court had already issued an order stating

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**Interpretation:** The Supreme Court's order is interpreted as a bar on other courts, including

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**Application:** Given the Supreme Court's order, the NCLT applied the principle of judicial

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## Parties

- **Judges:** P.N. Des…; K.K. V…
- **Appellants:** Hira Inte…
- **Respondents:** Aamby Valle…

## Timeline

- **2018-12-07 — Supreme Cour…**: The Hon'ble Supreme Court issued an order stating that no court in the country shall…
- **2021-12-15 — NCLT Ord…**: The NCLT adjourned the petition sine die, directing the petitioner to provide a second…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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