# In the matter of TDI Infrastructure Ltd. (IB)-1490(ND)-2019

> NCLT judgment dated 2019-08-26. Citation: TCN-2019-NCLT-01780. The case involves Mrs. Mridula Khanna & Ors. as the applicant and M/s. TDI Infrastructure Ltd.…

- **Court:** NCLT
- **Order date:** 26 Aug 2019
- **Citation:** TCN-2019-NCLT-01780
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tdi-infrastructure-ltd-ib-1490nd-2019-61c5003e

## Summary

### Background

The case involves Mrs. Mridula Khanna & Ors. as the applicant and M/s. TDI Infrastructure Ltd. as the respondent. The application is filed under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. The Corporate Debtor's counsel submitted that their Writ Petition No. 951/19 is still pending disposal, and proceedings before the Bench were stayed by the Supreme Court. The counsel requested an adjournment.

## Facts

Mrs. Mridula Khanna & Ors. filed an application against M/s. TDI Infrastructure Ltd. under Section 7 of the IBC, 2016. The Corporate Debtor's counsel stated that their Writ Petition No. 951/19 is pending before the Supreme Court, which has stayed the proceedings before the NCLT bench. The Corporate Debtor requested an adjournment. Other connected Writ Petitions have been disposed of.

## Issues and analysis

### Issue 1: Whether the proceedings before the NCLT bench should be adjourned due to the pending Writ Petition …

**Ratio:** The principle of judicial comity suggests that lower courts should generally respect and

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**Reasoning:** The court acknowledges the stay order issued by the Supreme Court concerning Writ

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**Interpretation:** The stay order from the Supreme Court effectively halts substantive proceedings

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**Application:** Given the Supreme Court's stay order, the NCLT bench cannot proceed with the

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## Parties

- **Judges:** Ina Mal…; SUMITAPURKA…
- **Appellants:** Mridula Khanna &…
- **Respondents:** M/s. TDI Infrastru…

## Timeline

- **N/A — Filing of App…**: Mrs. Mridula Khanna & Ors. filed an…
- **N/A — Pending Writ…**: Corporate Debtor's counsel submits that Writ Petition No. 951/19 is pending before the…

## 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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