# In the matter of Yatri Vihar Hospitality (P) Ltd. C.P(IB) No.412-KB-2017

> NCLT judgment dated 2018-07-10. Citation: TCN-2018-NCLT-01166. The case involves Techno Fac Contracts (P) Ltd. as the operational creditor and Yatri Vihar…

- **Court:** NCLT
- **Order date:** 10 Jul 2018
- **Citation:** TCN-2018-NCLT-01166
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/yatri-vihar-hospitality-p-ltd-cpib-no412-kb-2017-6657da52

## Summary

### Background

The case involves Techno Fac Contracts (P) Ltd. as the operational creditor and Yatri Vihar Hospitality (P) Ltd. as the corporate debtor. The operational creditor filed a petition under Section 9 of the IBC. The NCLAT in Appeal No. 74/2018 dated 2018-04-26 dismissed the petition filed by the Operational Creditor.

## Facts

Techno Fac Contracts (P) Ltd. filed a petition against Yatri Vihar Hospitality (P) Ltd. under Section 9 of the IBC. The NCLAT dismissed the petition in Appeal No. 74/2018 dated 2018-04-26. The NCLT noted that the fees of the Interim Resolution Professional (IRP) had been settled and paid without any dispute. No one appeared for the operational creditor during the hearing. The counsel for the corporate debtor and the IRP were present. The NCLT then closed the proceedings.

## Issues and analysis

### Issue 1: Whether the petition filed by the …

**Ratio:** Appellate Tribunal has the power to dismiss the petition filed by the Operational

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**Reasoning:** The Hon'ble Appellate Tribunal dismissed the

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**Interpretation:** The Appellate Tribunal's decision indicates that the petition did not meet the

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**Application:** The NCLAT's dismissal of the petition directly impacts the case, leading to the

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Techno Fac…
- **Respondents:** Yatri Vihar…
- **Advocates:** Swarepanand…; Smarejit…

## Timeline

- **2018-04-26 — NCLAT Or…**: NCLAT passed an order in Appeal No.74/2018 dismissing the petition filed by the…
- **2018-07-10 — NCLT Ord…**: NCLT closed the proceedings and directed the authority to fix the fee of Interim…

## 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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