# In the matter of Adani M2K  Projects LLP C.P. (I B) No. 585-7-NCLT-AHM-2019

> NCLT judgment dated 2021-02-01. Citation: TCN-2021-NCLT-03177. The case pertains to an application filed by a home buyer. The order references a decision of…

- **Court:** NCLT
- **Order date:** 1 Feb 2021
- **Citation:** TCN-2021-NCLT-03177
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adani-m2k-projects-llp-cp-i-b-no-585-7-nclt-ahm-2019-e4594648

## Summary

### Background

The case pertains to an application filed by a home buyer. The order references a decision of the Supreme Court in Writ Petition No. 26 of 2020, dated 2021-01-19, which upheld the validity of the amendment to Section 5(8)(f) proviso of the Insolvency and Bankruptcy Code. The case was heard through video conferencing before the Ahmedabad Bench of the National Company Law Tribunal on 2021-02-01.

## Facts

The case involves an application filed by a home buyer before the Ahmedabad Bench of the National Company Law Tribunal (NCLT). The application's maintainability is being assessed in light of a prior decision by the Supreme Court in Writ Petition No. 26 of 2020, dated 2021-01-19. This Supreme Court decision upheld the validity of the amendment to Section 5(8)(f) proviso of the Insolvency and Bankruptcy Code. Mr. Priyank Dave appeared as counsel for the Financial Creditor, and Mr. Pavan S Godiawala represented the Corporate Debtor, Adani M2K Projects LLP. The NCLT ultimately dismissed the application, finding it not maintainable.

## Issues and analysis

### Issue 1: Whether the application filed by the home buyer is maintainable in view of the Supreme Court's …

**Ratio:** The ratio is that if a prior judgment, especially from the Supreme Court, establishes the

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**Reasoning:** The court reasoned that the Supreme Court's decision in Writ Petition No. 26 of 2020,

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**Interpretation:** The interpretation is that the Supreme Court's ruling on the validity of

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**Application:** The ratio and reasoning are applied to the specific facts by determining that

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Aneel Ag…
- **Respondents:** Adani M2K…

## Timeline

- **2021-02-01 — Hearing…**: Hearing through video conferencing before the Ahmedabad Bench of the National Company Law…
- **2021-01-19 — Supreme Cour…**: Hon'ble Supreme Court in Writ Petition No. 26 of 2020, order dated 2021-01-19, wherein…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(8) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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