# In the matter of Jaydev Infratech Pvt. Ltd. CP No. (IB)360-ALD-2019

> NCLT judgment dated 2021-04-01. Citation: TCN-2021-NCLT-02495. The case pertains to CP No. (IB)360/ALD/2019 before the Allahabad Bench of the National Company…

- **Court:** NCLT
- **Order date:** 1 Apr 2021
- **Citation:** TCN-2021-NCLT-02495
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jaydev-infratech-pvt-ltd-cp-no-ib360-ald-2019-3006bf3d

## Summary

### Background

The case pertains to CP No. (IB)360/ALD/2019 before the Allahabad Bench of the National Company Law Tribunal. A request was received on behalf of the applicant, represented by Advocate Sh. Sanjeev Panda, to take up the matter through Video Conferencing (VC), which was allowed.

## Facts

A request was made by Advocate Sh. Sanjeev Panda on behalf of the applicant to conduct the matter through Video Conferencing, which was granted. The Hon'ble Supreme Court passed an order in the matter of 'Manish Kumar v/s Union of India and another [Writ Petition (C) No.26 of 2020]' dated 19.01.2021, upholding the IBC (Amendment) Act, 2020. Consequently, the present petition, CP No. (IB)360/ALD/2019, was dismissed as infructuous. The relevance of the Supreme Court's order is that it directly impacted the viability of the present petition, leading to its dismissal.

## Issues and analysis

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

**Ratio:** A petition becomes infructuous when the underlying legal basis or factual circumstances

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**Reasoning:** The court reasoned that the Supreme Court's upholding of the IBC (Amendment) Act, 2020,

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**Interpretation:** The interpretation is that a decision by the Supreme Court, especially one

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**Application:** In this case, the Supreme Court's decision upholding the IBC (Amendment) Act,

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Asha Rani…
- **Respondents:** Jaydev Infratech…

## Timeline

- **2021-01-19 — Supreme Cour…**: The Hon'ble Supreme Court passed an order in the matter of 'Manish Kumar v/s Union of…
- **2021-04-01 — NCLT Ord…**: The Allahabad Bench of the National Company Law Tribunal dismissed the present petition,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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