# In the matter of Piyush Infrastructure India Pvt. Ltd. CP No. (IB) 173-ALD-2018

> NCLT judgment dated 2021-04-06. Citation: TCN-2021-NCLT-02458. The case pertains to a hearing of the Allahabad Bench of the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 6 Apr 2021
- **Citation:** TCN-2021-NCLT-02458
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/piyush-infrastructure-india-pvt-ltd-cp-no-ib-173-ald-2018-ec492317

## Summary

### Background

The case pertains to a hearing of the Allahabad Bench of the National Company Law Tribunal (NCLT) on April 6, 2021, conducted via video conferencing. The matter involves Bharat Bhushan Sharma & Ors V/S M/S Piyush Infrastructure India Pvt Ltd. The case is related to Section 7 of the Insolvency and Bankruptcy Code (IBC).

## Facts

The case involves a hearing at the Allahabad Bench of the National Company Law Tribunal (NCLT) on April 6, 2021, conducted via video conferencing. The matter concerns Bharat Bhushan Sharma & Ors V/S M/S Piyush Infrastructure India Pvt Ltd, and is related to Section 7 of the Insolvency and Bankruptcy Code (IBC). The petition was dismissed as infructuous due to an order by the Supreme Court in 'Manish Kumar v/s Union of India and another', which upheld the IBC (Amendment) Act, 2020. Counsels for both applicant and respondent were present via video conferencing.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed as having become infructuous in light of the …

**Ratio:** A petition can be dismissed if it becomes infructuous due to a change in law or a

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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 IBC (Amendment) Act, 2020, as upheld by the

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

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Bharat Bhushan…
- **Respondents:** Piyush Infrastruct…; M/S Piyush…

## Timeline

- **2021-01-19 — Supreme Cour…**: The Supreme Court passed an order in the matter of 'Manish Kumar v/s Union of India and…
- **2021-04-06 — NCLT Hea…**: Hearing of the Allahabad Bench of the National Company Law Tribunal (NCLT) via video…

## 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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