# In the matter of Capital Infratechomes Pvt. Ltd. CP No. (IB) 379-ALD-2019

> NCLT judgment dated 2021-08-02. Citation: TCN-2021-NCLT-01514. The case pertains to CP No. (IB) 379/ALD/2019 before the National Company Law Tribunal,…

- **Court:** NCLT
- **Order date:** 2 Aug 2021
- **Citation:** TCN-2021-NCLT-01514
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/capital-infratechomes-pvt-ltd-cp-no-ib-379-ald-2019-b6eb0049

## Summary

### Background

The case pertains to CP No. (IB) 379/ALD/2019 before the National Company Law Tribunal, Allahabad Bench. The hearing was conducted through video conferencing. The matter involves Pradeep Massey & Ors V/S Capital Infratechomes Pvt Ltd. The case was presented before Hon'ble Mr. Justice (Retd.) Rajesh Dayal Khare, Member (J).

## Facts

The case is CP No. (IB) 379/ALD/2019 before the National Company Law Tribunal, Allahabad Bench. The hearing was conducted via video conferencing. The case involves Pradeep Massey & Ors V/S Capital Infratechomes Pvt Ltd. Santosh Gupta and Sh. D. Anand represented the petitioner, while Sh. S.K. Mishra represented the respondent. The court considered the Supreme Court's order in 'Manish Kumar v/s Union of India and another (Writ petition (C) No. 26 of 2020' dated 19.01.2021, which upheld the IBC (Amendment) Act, 2020. As a result, the present petition was dismissed as having become infructuous. The relevance of the Supreme Court's order is that it directly impacted the viability of the present petition under the IBC.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed in light of the Supreme Court's order in 'Manish …

**Ratio:** The ratio is that a lower court or tribunal is bound by the decisions of the Supreme

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**Reasoning:** The court reasoned that the Supreme Court's decision in 'Manish Kumar v/s Union of India

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**Interpretation:** The interpretation is that the Supreme Court's judgment sets a precedent that

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

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Pradeep M…
- **Respondents:** Capital Infratecho…

## Timeline

- **2021-01-19 — Supreme Cour…**: The Supreme Court passed an order in the matter of 'Manish Kumar v/s Union of India and…
- **2021-08-02 — NCLT Hea…**: The National Company Law Tribunal, Allahabad Bench, heard the matter of CP No. (IB)…

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