# In the matter of NTL Electronics India Ltd. (IB)-1362(ND)-2019

> NCLT judgment dated 2019-09-03. Citation: TCN-2019-NCLT-01605. The present petition has become infructuous because the CIR process has already been admitted…

- **Court:** NCLT
- **Order date:** 3 Sept 2019
- **Citation:** TCN-2019-NCLT-01605
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ntl-electronics-india-ltd-ib-1362nd-2019-62cdf4c5

## Summary

### Background

The present petition has become infructuous because the CIR process has already been admitted in IB-814/2019 in the matter of M/s. Om Logistics Ltd. V/s. M/s. NTL Electronic India Ltd. vide an order dated 27th August, 2019.

## Facts

The present petition was filed before the NCLT. However, the CIR process has already been admitted in IB-814/2019 in the matter of M/s. Om Logistics Ltd. V/s. M/s. NTL Electronic India Ltd. vide an order dated 27th August, 2019. The court considered this fact and determined that the present petition has become infructuous. The applicant is at liberty to file the claim before the IRP so appointed. If the CIR is terminated, the petitioner would be at liberty to seek restoration of the present proceedings.

## Issues and analysis

### Issue 1: Whether the present petition has become infructuous due to the prior admission of the CIR process …

**Ratio:** A legal proceeding becomes infructuous when the relief sought is already achieved or is

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**Reasoning:** The court reasoned that since the CIR process has already been admitted in IB-814/2019,

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**Interpretation:** The interpretation is that if a CIR process is already initiated and admitted

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**Application:** The court applied this principle to the facts by noting that the CIR process

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## Parties

- **Judges:** L. N. G…; Ina Mal…
- **Appellants:** M/s OXYZO…
- **Respondents:** M/s. NTL Electroni…

## Timeline

- **2019-08-27 — Order Date in…**: Order dated 27th August, 2019, admitting the CIR process in IB-814/2019 in the matter of…
- **2019-09-03 — Hearing…**: Hearing before the New Delhi Bench of the National Company Law Tribunal on 03.09.2019,…

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