# In the matter of Royal Splendour Developers Pvt. Ltd.  MA-730-2019 in CP-628-IB-2017

> NCLT judgment dated 2019-09-13. Citation: TCN-2019-NCLT-01464. The applicant company filed an application MA/730/2019 seeking a direction to the Resolution…

- **Court:** NCLT
- **Order date:** 13 Sept 2019
- **Citation:** TCN-2019-NCLT-01464
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/royal-splendour-developers-pvt-ltd-ma-730-2019-in-cp-628-ib-2017-7bc89640

## Summary

### Background

The applicant company filed an application MA/730/2019 seeking a direction to the Resolution Professional to consider its resolution application. However, the Resolution Professional has invited fresh resolution applications due to the amendment Act 2019 to the Insolvency and Bankruptcy Code. The applicant had already filed its resolution application before the Resolution Professional.

## Facts

The applicant company filed application MA/730/2019 seeking a direction to the Resolution Professional to consider its resolution application in CP/628/IB/2017. The Resolution Professional invited fresh resolution applications due to the amendment Act 2019 to the Insolvency and Bankruptcy Code. The applicant had already filed its resolution application before the Resolution Professional. The court found that the relief sought in MA/730/2019 had become infructuous.

## Issues and analysis

### Issue 1: Whether the application MA/730/2019 should be dismissed as infructuous given that the Resolution …

**Ratio:** An application becomes infructuous when the relief sought is no longer attainable or

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**Reasoning:** The court reasoned that because the Resolution Professional had invited fresh resolution

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**Interpretation:** The interpretation is that when a process is restarted or significantly

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**Application:** The ratio and reasoning were applied to the specific facts of the case, leading

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## Parties

- **Judges:** B.S.V. Prakash…; SHRI.S.VIJAYARAGHA…
- **Appellants:** JAIN HOUSING AND…

## Timeline

- **2019-09-13 — Hearing…**: Hearing held at 10.30…
- **2019-01-01 — Amendment A…**: Amendment Act 2019 to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30 — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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