# In the matter of Rao Edusolutions Private Limited

> NCLT judgment dated 2023-07-03. Citation: TCN-2023-NCLT-02727. The case pertains to an order regarding C.P. (IB)/627(MB)2020. The National Company Law…

- **Court:** NCLT
- **Order date:** 3 Jul 2023
- **Citation:** TCN-2023-NCLT-02727
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rao-edusolutions-private-limited-8350a837

## Summary

### Background

The case pertains to an order regarding C.P. (IB)/627(MB)2020. The National Company Law Tribunal heard the matter on 03.07.2023. The petition was filed by Adesh Kumar Mishra against Rao Edusolutions Private Limited under Section 9 of the IBC 2016.

## Facts

Adesh Kumar Mishra filed a petition against Rao Edusolutions Private Limited under Section 9 of the IBC 2016. The petition was heard by the Mumbai bench of the National Company Law Tribunal on 03.07.2023. However, prior to this hearing, an admission order was passed by Court-V against the Corporate Debtor, Rao Edusolutions Private Limited, under C.P. (IB)/627(MB)2020, also dated 03.07.2023. This prior admission order rendered the subsequent petition filed by Adesh Kumar Mishra infructuous. Consequently, the court dismissed Adesh Kumar Mishra's petition, but granted him the liberty to file his claim before the IRP in the CIRP.

## Issues and analysis

### Issue 1: Whether the petition filed by Adesh Kumar Mishra should be dismissed due to a prior admission order …

**Ratio:** A petition becomes infructuous when the underlying circumstances or subject matter no

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**Reasoning:** The court reasoned that the admission order of C.P. (IB)/627(MB)2020 against the

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**Interpretation:** The interpretation is that if a prior order addresses the same subject matter

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**Application:** The ratio and reasoning were applied to the fact that the admission order

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## Parties

- **Judges:** ANURADHA SANJAY…; Kuldip Kumar…
- **Appellants:** Adesh Kumar…
- **Respondents:** Rao Edusolutions…

## Timeline

- **2023-07-03 — Hearing…**: Hearing of the Mumbai Bench of the…
- **2023-07-03 — Admission…**: Admission order of C.P. (IB)/627(MB)2020 by…

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