# In the matter of Ahinsa Buildtech Private Limited Interlocutory Application 2718-2021 In Company Petition No. 3562-I&B-NCLT-MAH-2018

> NCLT judgment dated 2022-03-24. Citation: TCN-2022-NCLT-03564. Interlocutory Application 2718/2021 was filed in Company Petition No. 3562/I&B/NCLT/MAH/2018 by…

- **Court:** NCLT
- **Order date:** 24 Mar 2022
- **Citation:** TCN-2022-NCLT-03564
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ahinsa-buildtech-private-limited-interlocutory-application-2718-2021-in-company-bb12a265

## Summary

### Background

Interlocutory Application 2718/2021 was filed in Company Petition No. 3562/I&B/NCLT/MAH/2018 by the Authorised Representative of Class of Creditors (Flat Buyers) against the Resolution Professional (Respondent No. 1) seeking a direction not to admit the claim of Respondent No. 2 and to reconstitute. The matter was argued and reserved for orders on 06.02.2021. The Resolution Professional filed written submissions on 13.01.2022 stating that the application was withdrawn by the collective decision of Home Buyers.

## Facts

Mr. Shailesh Bhuta, as the Authorised Representative of Class of Creditors (Flat Buyers), filed Interlocutory Application 2718/2021 in Company Petition No. 3562/I&B/NCLT/MAH/2018. The application sought a direction against Vijay P. Lulla, the Resolution Professional (Respondent No. 1), not to admit the claim of LIC Housing Finance Ltd. (Respondent No. 2) and to reconstitute. The matter was argued and reserved for orders on 06.02.2021. Subsequently, the Resolution Professional filed written submissions on 13.01.2022 stating that the application was withdrawn by the collective decision of Home Buyers. The application was initially filed to challenge the admission of a claim and seek reconstitution, but the withdrawal indicates a change in strategy or agreement among

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## Issues and analysis

### Issue 1: Whether the Interlocutory Application 2718 of 2021 should be dismissed as withdrawn, given the …

**Ratio:** An application can be dismissed as withdrawn when the applicant, or their authorized

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**Reasoning:** The court reasoned that since the Resolution Professional submitted a written statement

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**Interpretation:** This interpretation emphasizes the importance of respecting the decisions of

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**Application:** In this case, the Resolution Professional's written submission served as

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## Parties

- **Judges:** SUCHITRAKAN…; ANURADHA SANJAY…
- **Appellants:** Shailesh…
- **Respondents:** Ahinsa Buildtech…; Vijay P.…

## Timeline

- **2021-01-01 — Interlocutory…**: Interlocutory Application 2718/2021 filed by the Authorised Representative of Class of…
- **2021-02-06 — Matter Argued and…**: The matter was argued…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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