# In the matter of Aniirudh Civil Engineers and Contractors Pvt. Ltd. C.P.(IB)-No. 3991(MB)-2018

> NCLT judgment dated 2021-02-04. Citation: TCN-2021-NCLT-03130. The matter pertains to a Company Petition (CP) filed by Discovery Enterprises against Aniirudh…

- **Court:** NCLT
- **Order date:** 4 Feb 2021
- **Citation:** TCN-2021-NCLT-03130
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aniirudh-civil-engineers-and-contractors-pvt-ltd-cpib-no-3991mb-2018-2d3e5207

## Summary

### Background

The matter pertains to a Company Petition (CP) filed by Discovery Enterprises against Aniirudh Civil engineers & Contractors Pvt Ltd. The CP was initially admitted by an order dated 14.10.2019. However, detailed orders were not passed because the Bench ceased to exist due to the elevation of one of its members.

## Facts

Discovery Enterprises filed a Company Petition (CP) against Aniirudh Civil engineers & Contractors Pvt Ltd. The CP was admitted on 14.10.2019. However, detailed orders were not passed. The Bench ceased to exist due to the elevation of one of its members. The matter is now being reheard. The court released the CP under Rule 152(4) of the NCLT Rules, 2016. The case is listed for hearing on 09.03.2021. The Petitioner is directed to inform the Respondent of the next hearing date.

## Issues and analysis

### Issue 1: Whether the Company Petition, initially admitted but lacking detailed orders due to the bench's …

**Ratio:** When a bench ceases to exist before detailed orders are passed following an initial

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**Reasoning:** The court reasoned that the absence of detailed orders, coupled with the bench's

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**Interpretation:** This interpretation emphasizes the importance of a complete and continuous

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**Application:** In this specific case, the initial admission order was rendered incomplete by

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## Parties

- **Judges:** V. Nallasen…; Janab Mohammed…
- **Appellants:** Discovery…
- **Respondents:** ANIIRUDH CIVIL…

## Timeline

- **2019-10-14 — CP Admit…**: The Company Petition was…
- **2021-02-04 — Order Da…**: Order issued to release the CP…

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