# In the matter of Metro Jet Airways Training Pvt. Ltd. IA No. 359-JPR-2022 in CP No. (IB)-176-9-JPR-2019

> NCLT judgment dated 2022-08-10. Citation: TCN-2022-NCLT-01400. The case involves an Interim Application (IA No. 359/JPR/2022) filed by Jaipur Trade Expocentre…

- **Court:** NCLT
- **Order date:** 10 Aug 2022
- **Citation:** TCN-2022-NCLT-01400
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/metro-jet-airways-training-pvt-ltd-ia-no-359-jpr-2022-in-cp-no-ib-176-9-jpr-2019-a6c4fcb0

## Summary

### Background

The case involves an Interim Application (IA No. 359/JPR/2022) filed by Jaipur Trade Expocentre Private Limited, the Operational Creditor/Applicant, seeking appropriate directions under Rule 11 of the National Company Law Tribunal Rules, 2016. The application was filed after the Hon'ble NCLAT order dated 05.07.2022 titled Jaipur Trade Expocentre Private Limited v. M/s Metro Jet Airways Training Private Limited, Company Appeal (AT)(Insolvency) No. 423 of 2021. The Adjudicating Authority had previously dismissed Company Petition No. IB 176/9/JPR/2019 preferred by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against M/s Metro Jet Airways Training Private Limited,

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## Facts

Jaipur Trade Expocentre Private Limited, the Operational Creditor, filed an application seeking initiation of Corporate Insolvency Resolution Process (CIRP) against M/s Metro Jet Airways Training Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority had previously dismissed the Company Petition No. IB 176/9/JPR/2019. The Operational Creditor challenged this dismissal before the NCLAT. The NCLAT allowed the appeal and set aside the impugned judgment of the Adjudicating Authority dated 04.03.2020, holding that the application filed by the Operational Creditor deserves admission under Section 9 of the Code. The NCLAT directed the Adjudicating Authority to pass an order of admission within a period of

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## Issues and analysis

### Issue 1: Whether the Interim Application (IA No. 359/JPR/2022) filed by the Operational Creditor should be …

**Ratio:** The ratio is based on the binding nature of the NCLAT's order, which directed the

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**Reasoning:** The Adjudicating Authority reasoned that it was bound by the directions of the Hon'ble

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**Interpretation:** The interpretation is that the Adjudicating Authority must comply with the

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**Application:** The NCLAT's order directly applied to the facts of the case, compelling the

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** Jaipur Trade…
- **Respondents:** M/s Metro Jet…

## Timeline

- **2020-03-04 — Impugned…**: Adjudicating Authority dismissed…
- **2021-01-01 — Company Appeal…**: Jaipur Trade Expocentre Private Limited v. M/s…

## 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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