# In the matter of BBNC Consultancy Pvt. Ltd. T.C.P. No. 142-(MAH)-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00599. The case involves a transferred matter from the High Court to the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00599
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bbnc-consultancy-pvt-ltd-tcp-no-142-mah-2017-18c5ff67

## Summary

### Background

The case involves a transferred matter from the High Court to the National Company Law Tribunal (NCLT), Mumbai Bench. The petitioner had filed a petition under Section 433(e) of the old provisions of the Companies Act, claiming an outstanding debt of Rs. 14,30,01,797. Earlier, an opportunity was granted, and notice was issued intimating the date of the next hearing, but no compliance was made under the provisions of the IB Code.

## Facts

The case originated as a transferred matter from the High Court to the NCLT, Mumbai Bench. The petitioner, Zenith Birla (India) Ltd., filed a petition under Section 433(e) of the old Companies Act, seeking recovery of an outstanding debt of Rs. 14,30,01,797 from BBNC Consultancy Pvt. Ltd. The court had previously granted an opportunity and issued a notice for a subsequent hearing, but there was no compliance with the provisions of the IB Code. A crucial fact is the issuance of a notification dated 29.06.2017, which allowed parties to file fresh applications under Sections 7, 8, or 9 of the IBC after July 15, 2017. This notification directly impacted the existing petition, leading to its abatement.

## Issues and analysis

### Issue 1: Whether the petition filed under Section 433(e) of the old Companies Act should be dismissed due to …

**Ratio:** The legal principle applied is that a subsequent law or notification can render pending

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**Reasoning:** The court reasoned that the issuance of the notification dated 29.06.2017, which allowed

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**Interpretation:** The interpretation of the notification dated 29.06.2017 is that it provided a

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**Application:** The ratio and reasoning were applied to the specific facts of the case by

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Zenith Birla…
- **Respondents:** BBNC Consultancy…

## Timeline

- **N/A — Petition…**: The petitioner moved the Petition under section 433(e) under the old provisions of the…
- **2017-06-29 — Issuance of Not…**: Issuance of notification [F. No. 1/5/2016-CL-V] (GSR 732(E)), allowing parties to file…

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