# In the matter of United News of India (IB)-478(ND)2018

> NCLT judgment dated 2019-03-25. Citation: TCN-2019-NCLT-04369. CA-297/2019 was filed under Rule 11 of the NCLT Rules, seeking a review of an order that…

- **Court:** NCLT
- **Order date:** 25 Mar 2019
- **Citation:** TCN-2019-NCLT-04369
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/united-news-of-india-ib-478nd2018-70928cf1

## Summary

### Background

CA-297/2019 was filed under Rule 11 of the NCLT Rules, seeking a review of an order that rejected a petition to initiate the CIRP against the Corporate Debtor. The petition was initially disposed of on its merits.

## Facts

CA-297/2019 was filed under Rule 11 of the NCLT Rules, seeking a review of the order that rejected the petition for invoking the CIR procedure against the Corporate Debtor. The initial petition to invoke the CIRP against the Corporate Debtor was rejected on its merits. The petitioner was given the liberty to challenge the order of the bench if aggrieved. No one appeared on behalf of the petitioner on the last hearing date, 12.03.2019, or on the current date. The court dismissed the CA on its merits and due to default.

## Issues and analysis

### Issue 1: Whether the decision to reject the petition for invoking the CIRP against the Corporate Debtor can …

**Ratio:** A decision already disposed of on merits cannot be subject to review or reconsideration

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**Reasoning:** The court reasoned that the initial decision was made on the merits of the case. The

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**Interpretation:** Rule 11 of the NCLT Rules allows for review of orders, but this is generally

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**Application:** In this case, the initial petition to invoke CIRP was rejected on its merits.

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Respondents:** Nesar Ahmad, PCS…

## Timeline

- **2019-03-12 — Previous Hear…**: No one appeared on…
- **2019-03-25 — Current Heari…**: No one appeared on behalf of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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