# In the matter of Rolta Defence Technology Systems Private Limited CP(IB)-546(MB)/2020.

> NCLT judgment dated 2021-01-11. Citation: TCN-2021-NCLT-03333. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 11 Jan 2021
- **Citation:** TCN-2021-NCLT-03333
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rolta-defence-technology-systems-private-limited-cpib-546mb2020-1d360ee3

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. During the pendency of the petition, the petitioner passed away, leading to the filing of an Interlocutory Application (I.A.) to bring the legal heirs on record.

## Facts

Sanjay Kishore filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Rolta Defence Technology Systems Private Limited. During the pendency of the petition, Sanjay Kishore passed away. An Interlocutory Application (I.A. 1146 of 2020) was filed to bring the legal heirs of the deceased petitioner on record. Both sides submitted that the matter has been amicably settled, and the petitioner has received the full and final settlement amount. The petitioner requested the withdrawal of the petition.

## Issues and analysis

### Issue 1: Whether the Interlocutory Application to bring the legal heirs of the deceased petitioner on record …

**Ratio:** Legal heirs can be brought on record to continue a legal proceeding after the death of

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**Reasoning:** The court considered the application and the submissions made by the counsel for the

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**Interpretation:** The interpretation is that legal proceedings do not automatically abate upon

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**Application:** The court allowed the legal heirs to be brought on record, and the I.A. was

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## Parties

- **Judges:** RAJESH S…; SUCHITRA KANUPARTH…; +1 more
- **Appellants:** Sanjay Ki…
- **Respondents:** Rolta Defence…

## Timeline

- **2021-01-11 — Hearing…**: Order sheet of the…

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