# In the matter of RT Network Solutions Pvt. Ltd. CA (IB) No. 451-KB-2018 in CP (IB) No. 111-KB-2018

> NCLT judgment dated 2018-06-07. Citation: TCN-2018-NCLT-01315. The case involves C.P (IB) No. 111/KB/2018 and C.A. (IB) No. 451/KB/2018 before the National…

- **Court:** NCLT
- **Order date:** 7 Jun 2018
- **Citation:** TCN-2018-NCLT-01315
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rt-network-solutions-pvt-ltd-ca-ib-no-451-kb-2018-in-cp-ib-no-111-kb-2018-6a867ca0

## Summary

### Background

The case involves C.P (IB) No. 111/KB/2018 and C.A. (IB) No. 451/KB/2018 before the National Company Law Tribunal, Kolkata Bench. The counsel for the corporate debtor brought to the court's attention an order from the Hon'ble Supreme Court in Civil Appeal No. 5256 of 2018, which arose from S.L.P. (C) No. 13009 of 2018. The Supreme Court's order had set aside the admission order of the Adjudicating Authority in C.P. (IB) No. 111/KB/2018.

## Facts

The case involves Project India Enterprise as the company in question. Ms. Jahani Ausfuhla, Advocate, appeared on behalf of the Corporate Debtor. The Hon'ble Supreme Court passed an order in Civil Appeal No. 5256 of 2018 (arising out of S.L.P. (C) No. 13009 of 2018), which set aside the order of admission by the Adjudicating Authority in C.P. (IB) No. 111/KB/2018. The counsel for the corporate debtor brought this to the NCLT's notice. The payment of fees to the Interim Resolution Professional was also brought to the court's notice, stating that it had been duly made through RTGS. This fact is relevant because it shows compliance with certain procedural requirements even as the main case was being challenged.

## Issues and analysis

### Issue 1: Whether the proceedings in C.P. (IB) No. 111/KB/2018 should be closed given the Supreme Court's …

**Ratio:** When a higher court sets aside an order of a lower court, the lower court's order is

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**Reasoning:** The Supreme Court, being the highest court, has the authority to overturn decisions of

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**Interpretation:** This legal principle ensures that lower courts adhere to the decisions of

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**Application:** Since the Supreme Court set aside the admission order in C.P. (IB) No.

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## Parties

- **Judges:** Jinan…; Madan B.…
- **Respondents:** Project India…
- **Advocates:** Jahani Au…

## Timeline

- **2018-06-07 — Hearing…**: Hearing held on 07th…
- **2018-01-01 — Supreme Cour…**: The Hon'ble Supreme Court passed an order in Civil Appeal No. 5256 of 2018 (arising out…

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