# In the matter of PS Toll Road Pvt. Ltd. CP No. 41-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-04-11. Citation: TCN-2017-NCLT-00912. The case pertains to a company petition filed before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 11 Apr 2017
- **Citation:** TCN-2017-NCLT-00912
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ps-toll-road-pvt-ltd-cp-no-41-ibp-nclt-mb-mah-2017-60609525

## Summary

### Background

The case pertains to a company petition filed before the National Company Law Tribunal (NCLT), Mumbai Bench. The petitioner reported receiving the claim amount as mentioned in the affidavit filed by the corporate debtor. The corporate debtor paid the claim amount of ₹1,22,25,940 to the petitioner as directed by the National Company Law Appellate Tribunal (NCLAT).

## Facts

The petitioner filed a company petition before the National Company Law Tribunal (NCLT), Mumbai Bench. The corporate debtor filed an affidavit. The petitioner reported that they received the claim amount as mentioned in the affidavit filed by the corporate debtor. The corporate debtor paid ₹1,22,25,940 to the petitioner as directed by the National Company Law Appellate Tribunal (NCLAT). Because the corporate debtor paid the claim amount, the company petition was dismissed as infructuous.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed as infructuous given that the corporate debtor has …

**Ratio:** A legal proceeding becomes infructuous when the issue it seeks to address has been

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**Reasoning:** The court reasoned that since the corporate debtor had already paid the claim amount to

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**Interpretation:** The term 'infructuous' implies that the legal action is no longer capable of

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

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Respondents:** International…

## Timeline

- **2017-01-01 — Case Fil…**: A company petition was filed before the National Company Law Tribunal (NCLT), Mumbai…
- **2017-04-11 — Hearing…**: Hearing of Mumbai Bench of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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