# In the matter of Reliance Communication Limited C.P. (IBC)-3180-(MB)-2018

> NCLT judgment dated 2019-05-09. Citation: TCN-2019-NCLT-03359. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code.…

- **Court:** NCLT
- **Order date:** 9 May 2019
- **Citation:** TCN-2019-NCLT-03359
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/reliance-communication-limited-cp-ibc-3180-mb-2018-6393c627

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code. The petition was filed on 30.07.2019, initially listed on 18.12.2019, and subsequently adjourned to 04.03.2019 and then to 09.05.2019. The Learned Representative of the Respondent is present, while no one is present for the Petitioner.

## Facts

Xportsoft Technologies filed a petition against Reliance Communication Limited under Section 9 of the Insolvency and Bankruptcy Code. The petition was filed on 30.07.2019 and was initially listed on 18.12.2019, then adjourned to 04.03.2019, and finally to 09.05.2019. The NCLAT order in Company Appeal (AT) (Insolvency) No. 255-256 of 2018 & I.A. No. 1058 of 2019 dated 30.04.2019 vacated the stay. The appeals were withdrawn, leading to the dismissal of the main C.P. in respect of the Corporate debtor Reliance Communications. The Petitioners are directed to lodge their respective claims before the IRP already appointed. The petition is disposed of as redundant.

## Issues and analysis

### Issue 1: Whether the petition filed by Xportsoft Technologies should be dismissed due to the withdrawal of …

**Ratio:** When a stay order is vacated and appeals are withdrawn, the underlying petition becomes

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**Reasoning:** The court reasoned that since the stay which was in operation stood vacated and the

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**Interpretation:** The interpretation is that the withdrawal of appeals and vacation of stay

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**Application:** In this case, the withdrawal of appeals and vacation of the stay order meant

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## Parties

- **Judges:** V. P. S…
- **Appellants:** Xportsoft…
- **Respondents:** Reliance Communica…; Reliance Communica…

## Timeline

- **2019-07-30 — Petition…**: The petition was filed…
- **2019-12-18 — First Li…**: The matter was first…

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