# In the matter of RNM Infra Pvt. Ltd. IA(IB)No. 341-KB-2020 in CP(IB)No. 1614-KB-2019

> NCLT judgment dated 2020-03-05. Citation: TCN-2020-NCLT-01635. The case involves CP(IB)No.1614/KB/2019 and IA(IB)No. 341/KB/2020 before the National Company…

- **Court:** NCLT
- **Order date:** 5 Mar 2020
- **Citation:** TCN-2020-NCLT-01635
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rnm-infra-pvt-ltd-iaibno-341-kb-2020-in-cpibno-1614-kb-2019-96ea6262

## Summary

### Background

The case involves CP(IB)No.1614/KB/2019 and IA(IB)No. 341/KB/2020 before the National Company Law Tribunal (NCLT), Kolkata Bench. Prism Johnson Ltd is the operational creditor, and RNM Infra Pvt Ltd is the corporate debtor. The corporate debtor was admitted into CIRP via an order dated 2020-01-21. An ex-parte order was passed by the Special Bench. The corporate debtor filed IA(IB) 341/KB/20 to set aside the ex-parte order under Rule 49 read with rule 11 of NCLT Rules.

## Facts

Prism Johnson Ltd initiated CIRP against RNM Infra Pvt Ltd. The corporate debtor, RNM Infra Pvt Ltd, was admitted into CIRP via an ex-parte order dated 2020-01-21. Subsequently, RNM Infra Pvt Ltd filed IA(IB) 341/KB/20 seeking to set aside the ex-parte order. The operational creditor, Prism Johnson Ltd, was served with the application and requested time to file a reply. The IRP filed a progress report indicating that the CoC had been constituted. The NCLT directed the IRP to halt further proceedings until the application to set aside the ex-parte order is resolved. The matter was scheduled for further consideration on 2020-03-26.

## Issues and analysis

### Issue 1: Whether the ex-parte order admitting RNM …

**Ratio:** The ratio is based on Rule 49 read with Rule 11 of the NCLT Rules, which allows for

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**Reasoning:** The court is considering the application filed by the corporate debtor to set aside the

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**Interpretation:** The interpretation involves understanding the scope and applicability of Rule

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**Application:** The application involves assessing whether the corporate debtor has presented

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Respondents:** RNM Infra P…
- **Advocates:** VIJAY NAT…; Kachan D…; +5 more

## Timeline

- **2020-01-21 — Admission in…**: Corporate debtor admitted into…
- **2020-03-05 — Hearing…**: Attendance-cum-order sheet of the…

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