# In the matter of Unitech Infra Ltd. (IB)-794(ND)2019

> NCLT judgment dated 2019-04-01. Citation: TCN-2019-NCLT-04232. The case involves M/s. Action Construction Equipment Ltd. V/s. Unitech Infra Ltd. before the…

- **Court:** NCLT
- **Order date:** 1 Apr 2019
- **Citation:** TCN-2019-NCLT-04232
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unitech-infra-ltd-ib-794nd2019-a5016e5c

## Summary

### Background

The case involves M/s. Action Construction Equipment Ltd. V/s. Unitech Infra Ltd. before the New Delhi Bench of the National Company Law Tribunal (NCLT). The Operational Creditor's counsel informed the Bench that the Hon'ble Apex Court directed that no coercive steps be taken against the Corporate Debtor in SLP No. 597825979 of 2017.

## Facts

The case involves M/s. Action Construction Equipment Ltd. as the petitioner and Unitech Infra Ltd. as the respondent. The Operational Creditor's counsel informed the NCLT that the Hon'ble Apex Court had directed that no coercive steps should be taken against the Corporate Debtor, Unitech Infra Ltd., in SLP No. 597825979 of 2017. Consequently, the petition was adjourned Sine Die. The key fact is the Apex Court's directive, which directly influenced the NCLT's decision to adjourn the proceedings indefinitely.

## Issues and analysis

### Issue 1: Whether the NCLT was correct in adjourning the petition Sine Die based on the Apex Court's …

**Ratio:** The principle of judicial comity and the binding nature of orders from higher courts

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**Reasoning:** The NCLT adjourned the petition Sine Die because the Apex Court had directed that no

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**Interpretation:** The Apex Court's directive is interpreted as a temporary restraint on any

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**Application:** Given the Apex Court's directive, the NCLT correctly applied the principle of

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Appellants:** M/s. Action…
- **Respondents:** Unitech Inf…

## Timeline

- **2017-01-01 — Apex Court Di…**: The Hon'ble Apex Court in SLP No. 597825979 of 2017 directed that no coercive steps be…
- **2019-04-01 — NCLT Hea…**: The Operational Creditor's counsel informed the NCLT of the Apex Court's directive. The…

## 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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