# In the matter of Reliance Infratel Ltd. IA 2820 & 3429-2022 in C.P. (I.B)-1385-MB-2017

> NCLT judgment dated 2022-11-21. Citation: TCN-2022-NCLT-00384. The case involves an Interlocutory Application (IA 3429/2022) filed by Reliance Projects &…

- **Court:** NCLT
- **Order date:** 21 Nov 2022
- **Citation:** TCN-2022-NCLT-00384
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/reliance-infratel-ltd-ia-2820-3429-2022-in-cp-ib-1385-mb-2017-26c0228c

## Summary

### Background

The case involves an Interlocutory Application (IA 3429/2022) filed by Reliance Projects & Property Management Services Limited, formerly known as Reliance Digital Platform & Project Services Limited, in its capacity as the Successful Resolution Applicant. The applicant has arrayed 33 respondents. The matter was listed on 17.11.2022, during which Respondents 2, 4, and 5 sought time to file an Affidavit in Reply. Counsel for Respondents 6 and 31 stated no objection to the Interlocutory Application but wanted to file a short Affidavit in Reply. The matter was adjourned to 21.11.2022. The Industrial and Commercial Bank of China requested to be made a party respondent.

## Facts

Reliance Projects & Property Management Services Limited, as the Successful Resolution Applicant, filed an Interlocutory Application (IA 3429/2022) involving 33 respondents. The matter was listed on 17.11.2022, where Respondents 2, 4, and 5 requested time to file Affidavits in Reply. Respondents 6 and 31 expressed no objection to the application but wanted to file a short Affidavit in Reply. The court granted time for filing replies, adjourning the matter to 21.11.2022. The Industrial and Commercial Bank of China requested to be added as a party respondent. Despite the granted opportunity, none of the respondents filed replies. Most respondents agreed to open an Escrow Account in the State Bank of India, but Respondents 2, 4, and 5 preferred a different bank. The

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## Issues and analysis

### Issue 1: Whether the Interlocutory Application bearing …

**Ratio:** The court has the power to grant interlocutory applications to facilitate the resolution

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**Reasoning:** The court considered that the respondents were given an opportunity to file replies but

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**Interpretation:** This interprets the court's power to grant interlocutory applications to

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** SH. SHYAM BABU…; P.N. Des…
- **Appellants:** Ericsson India…
- **Respondents:** Reliance Infratel…

## Timeline

- **2022-11-17 — Matter L…**: Matter listed on Board; Respondents 2, 4 & 5 sought time to place on record Affidavit in…
- **2022-11-21 — Hearing…**: Matter called upon for hearing; Counsel for Respondents 6 & 31 orally submitted no…

## 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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