# In the matter of Mode Advertising and Marketing Pvt. Ltd. (IB)-2086(ND)2019

> NCLT judgment dated 2019-11-05. Citation: TCN-2019-NCLT-00709. The case involves M/s. G. H. Prints Private Limited V/s. M/s. Mode Advertising & Marketing…

- **Court:** NCLT
- **Order date:** 5 Nov 2019
- **Citation:** TCN-2019-NCLT-00709
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mode-advertising-and-marketing-pvt-ltd-ib-2086nd2019-93a408c1

## Summary

### Background

The case involves M/s. G. H. Prints Private Limited V/s. M/s. Mode Advertising & Marketing Private Limited. An earlier Corporate Insolvency Resolution (CIR) process had been admitted. The Respondent did not appear before the court to apprise that the CIR was admitted, and the present petition was admitted with an IRP appointed. The Corporate Debtor filed an appeal against the admission order with the NCLAT.

## Facts

M/s. G. H. Prints Private Limited initiated proceedings against M/s. Mode Advertising & Marketing Private Limited. An earlier CIR process had been admitted against the respondent. The respondent did not appear before the court. The present petition was admitted, and an IRP was appointed. The Corporate Debtor, M/s. Mode Advertising & Marketing Private Limited, filed an appeal with the NCLAT against the admission order. The NCLAT stayed further convening of the COC. The Corporate Debtor is in the process of settling the claim with the petitioner. Mr. Gautam Singhal was appointed as the IRP.

## Issues and analysis

### Issue 1: Whether the order of Admission in the present case has become infructuous due to the NCLAT stay and …

**Ratio:** When an appellate authority stays the proceedings of a lower court, and the parties are

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**Reasoning:** The court reasoned that the NCLAT's stay on convening the COC and the Corporate Debtor's

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**Interpretation:** The interpretation is that a stay order from a higher court suspends the

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**Application:** Since the NCLAT stayed the COC convening and the Corporate Debtor was settling

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## Parties

- **Judges:** L. N. G…; Ina Mal…
- **Appellants:** M/s. G. H. Prints…
- **Respondents:** M/s. Mode…

## Timeline

- **2019-11-05 — Hearing…**: Hearing before the New Delhi Bench of…
- **N/A — CIR Process A…**: The CIR process had been admitted against…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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