# In the matter of Raheja Developers Ltd. (IB)1740(PB)-2018

> NCLT judgment dated 2019-02-21. Citation: TCN-2019-NCLT-04727. The case involves an application/petition filed by Dhruv Gupta & anr. against Raheja Developers…

- **Court:** NCLT
- **Order date:** 21 Feb 2019
- **Citation:** TCN-2019-NCLT-04727
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/raheja-developers-ltd-ib1740pb-2018-73f3ad79

## Summary

### Background

The case involves an application/petition filed by Dhruv Gupta & anr. against Raheja Developers Ltd. under Section 7 of the Insolvency and Bankruptcy Code (IBC). The order was delivered on February 21, 2019.

## Facts

Dhruv Gupta & anr. filed an application/petition against Raheja Developers Ltd. under Section 7 of the IBC. The respondent's counsel presented an order from the Supreme Court dated February 18, 2019, in Writ Petition (civil) No. 163 of 2019, which stayed further proceedings before the National Company Law Tribunal, Principal Bench, New Delhi. This stay order directly impacted the ongoing proceedings, leading to the deferral of the order pronouncement in the case.

## Issues and analysis

### Issue 1: Whether the proceedings before the National Company Law Tribunal should be stayed in light of the …

**Ratio:** A higher court's order staying proceedings in a lower court must be respected and

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**Reasoning:** The Supreme Court, being the highest court in the country, has the authority to issue

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**Interpretation:** The Supreme Court's order is interpreted as a direct instruction to halt any

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**Application:** The ratio is applied to the present case by acknowledging the binding nature of

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## Parties

- **Judges:** DEEPTI M…; SH. S.K MOH…
- **Appellants:** Dhruv G…
- **Respondents:** Raheja Developers…

## Timeline

- **2019-02-18 — Supreme Cour…**: The Supreme Court passed an order in Writ Petition (civil) No. 163 of 2019, staying…
- **2019-02-21 — Order Del…**: The NCLT delivered an order deferring the pronouncement of the order due to the Supreme…

## 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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