# In the matter of Raj Buildhome Pvt. Ltd. IA No. 283, 291 & 319-JPR-2019 in IB- 83-7-JPR-2018

> NCLT judgment dated 2019-12-12. Citation: TCN-2019-NCLT-00222. The case involves an appeal against an order passed by the Adjudicating Authority of NCLT…

- **Court:** NCLT
- **Order date:** 12 Dec 2019
- **Citation:** TCN-2019-NCLT-00222
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/raj-buildhome-pvt-ltd-ia-no-283-291-319-jpr-2019-in-ib-83-7-jpr-2018-8c56576a

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority of NCLT Bench, Jaipur. The Resolution Professional made available an uncertified copy of the judgement dated 11.12.2019 passed by Hon'ble NCLAT in CA No. 558/2019.

## Facts

An application was filed under Section 7 of the IBC, 2016. The NCLAT passed a judgement on 11.12.2019 in CA No. 558/2019, arising out of an order dated 03.05.2019 passed by the Adjudicating Authority of NCLT Bench, Jaipur. The NCLAT concluded that there was no default and allowed the appeal, quashing the impugned order and releasing the Corporate Debtor from the Corporate Insolvency Resolution Process. The CIRP costs were to be borne by the Financial Creditor.

## Issues and analysis

### Issue 1: Whether the appeal against the order of the Adjudicating Authority of NCLT Bench, Jaipur, should be …

**Ratio:** The NCLAT has the power to hear and dispose of appeals against orders of the Adjudicating

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**Reasoning:** The NCLAT concluded that there was no default for the reasons stated and allowed the

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**Interpretation:** The NCLAT's interpretation of the facts and circumstances led it to conclude

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**Application:** The NCLAT applied its appellate jurisdiction to review the order of the

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## Parties

- **Judges:** SH. P.S.N.…; SH. RAGHU…
- **Appellants:** Khozim Yusuf…
- **Respondents:** M/s Raj Buildhome…
- **Advocates:** Amol…; Akanksha…; +2 more

## Timeline

- **2019-12-12 — NCLAT Jud…**: NCLAT passed a…
- **2019-05-03 — NCLT Ord…**: Order passed by Adjudicating…

## 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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