# In the matter of Skyline Construction and Housing Pvt. Ltd. C.P. (IB)No. 159-BB-2017

> NCLT judgment dated 2020-02-11. Citation: TCN-2020-NCLT-02013. The case involves C.P.(IB)No.159/BB/2017 filed by Rajeev Shetty, an Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 11 Feb 2020
- **Citation:** TCN-2020-NCLT-02013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/skyline-construction-and-housing-pvt-ltd-cp-ibno-159-bb-2017-ddf94ff4

## Summary

### Background

The case involves C.P.(IB)No.159/BB/2017 filed by Rajeev Shetty, an Operational Creditor, under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Skyline Construction & Housing Pvt. Ltd, the Corporate Debtor. The Adjudicating Authority admitted the case on November 27, 2019, initiating CIRP and appointing Mr. S. Viswanathan as IRP. However, the NCLAT set aside the order dated November 27, 2019, based on a settlement between the parties in Company Appeal (AT) (Insolvency) No.1501 of 2019.

## Facts

Rajeev Shetty, an operational creditor, filed C.P.(IB)No.159/BB/2017 under Section 9 of the IBC, 2016, against M/s. Skyline Construction & Housing Pvt. Ltd, seeking to initiate CIRP due to a default of Rs. 58,68,768/- with 18% interest from June 10, 2015. The Adjudicating Authority admitted the case on November 27, 2019, initiating CIRP and appointing Mr. S. Viswanathan as IRP. M/s. Skyline Construction & Housing Pvt. Ltd. appealed to the NCLAT, which set aside the Adjudicating Authority's order based on a settlement between the parties. The NCLAT's order was dated February 7, 2020, setting aside the impugned order dated November 27, 2019. The NCLT then dismissed the case as infructuous.

## Issues and analysis

### Issue 1: Whether C.P.(IB)No.159/BB/2017 should be dismissed as infructuous given that the NCLAT has already …

**Ratio:** The legal principle applied is that a lower court's decision becomes infructuous when a

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**Reasoning:** The court reasoned that since the NCLAT, a higher appellate authority, had already set

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**Interpretation:** The interpretation involves understanding the hierarchy of courts and the

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

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Rajeev S…
- **Respondents:** M/s.Skyline…

## Timeline

- **2015-06-10 — Default…**: Default occurred with an amount of…
- **2017-01-01 — Filing of App…**: C.P.(IB)No.159/BB/2017 filed by Rajeev…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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