# In the matter of Eicher Polaris Pvt. Ltd.

> NCLT judgment dated 2024-07-29. Citation: TCN-2024-NCLT-00930. The case involves an application by Eicher Polaris Pvt. Ltd. under Section 59 of the Insolvency…

- **Court:** NCLT
- **Order date:** 29 Jul 2024
- **Citation:** TCN-2024-NCLT-00930
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/eicher-polaris-pvt-ltd-fc55dd84

## Summary

### Background

The case involves an application by Eicher Polaris Pvt. Ltd. under Section 59 of the Insolvency and Bankruptcy Code (IBC). The matter was heard by the National Company Law Tribunal (NCLT), New Delhi, Court-V. During the proceedings, it was noted that certain petitions filed by members of the Intervener group are pending before the National Consumer Disputes Redressal Commission (NCDRC), in which the Petitioner of the Section 59 petition is also a party.

## Facts

Eicher Polaris Pvt. Ltd. filed an application under Section 59 of the IBC. The case is before the NCLT, New Delhi. During the hearing, it was revealed that petitions filed by members of the Intervener group are pending before the NCDRC, and Eicher Polaris is a party in those proceedings. The NCLT wants to ensure that any order it passes regarding the liquidation of Eicher Polaris will be honored and executable, and that the Adjudicating Authority will not be held liable for any orders passed by the NCDRC. The Sr. Counsel for the Petitioner has agreed to file an application before the NCDRC to clarify the situation.

## Issues and analysis

### Issue 1: Whether the liquidation process of the Petitioner Company, if approved by the NCLT, will be honored …

**Ratio:** The principle of comity between courts and tribunals requires that each respect the

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**Reasoning:** The court is concerned that the NCDRC proceedings might impact the liquidation process.

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**Interpretation:** This issue requires an interpretation of the interplay between the IBC and

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**Application:** The Sr. Counsel for the Petitioner is required to clarify the status of the

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Respondents:** Eicher Polaris…

## Timeline

- **2024-04-05 — NCLAT Or…**: Reference to the…
- **2024-07-29 — Order Del…**: Order delivered by the…

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