# In the matter of Tashee Land Developers Pvt. Ltd. (IB)-2650(PB)-2019

> NCLT judgment dated 2021-12-21. Citation: TCN-2021-NCLT-00090. The case involves a company petition filed by a small number of homebuyers under Section 7 of…

- **Court:** NCLT
- **Order date:** 21 Dec 2021
- **Citation:** TCN-2021-NCLT-00090
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tashee-land-developers-pvt-ltd-ib-2650pb-2019-a964a93b

## Summary

### Background

The case involves a company petition filed by a small number of homebuyers under Section 7 of the Insolvency & Bankruptcy Code. The petition was filed before the National Company Law Tribunal (NCLT), Principal Bench, New Delhi.

## Facts

A company petition was filed by a small number of homebuyers before the National Company Law Tribunal (NCLT) under Section 7 of the Insolvency & Bankruptcy Code. The NCLT considered the Supreme Court's decision in Jaypee Kensington boulevard Apartments Welfare Association v. NBCC (India) Ltd., 2021 SCC Online SC 253. The court determined that the company petition was not maintainable based on the precedent set by the Supreme Court. The application was dismissed as withdrawn, with liberty to pursue the matter if the cause survives.

## Issues and analysis

### Issue 1: Whether the company petition filed by the homebuyers is maintainable in light of the Supreme …

**Ratio:** The ratio is based on the Supreme Court's decision in Jaypee Kensington boulevard

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**Reasoning:** The NCLT reasoned that the company petition was not maintainable because it was

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**Interpretation:** The interpretation involves understanding the Supreme Court's ruling in the

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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:** Ramalingam…; HEMANT KUMAR…
- **Appellants:** Sh. Rahul Bansal…
- **Respondents:** Tashee Land…

## Timeline

- **2021-12-21 — Order Pron…**: The order was pronounced…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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