# 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-00388. The case involves an Interlocutory Application (IA 3429/2022) filed by Reliance Projects &…

- **Court:** NCLT
- **Order date:** 21 Nov 2022
- **Citation:** TCN-2022-NCLT-00388
- **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-d5adc787

## 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, where some respondents sought time to file an affidavit in reply. Counsel for other respondents stated no objection to the Interlocutory Application but wanted to place a short affidavit in reply. The matter was adjourned to 21.11.2022. The Industrial and Commercial Bank of China requested to be added as a party respondent.

## Facts

Reliance Projects & Property Management Services Limited, formerly known as Reliance Digital Platform & Project Services Limited, filed an Interlocutory Application (IA 3429/2022) as the Successful Resolution Applicant. The application included 33 respondents. On 17.11.2022, some respondents requested time to file an affidavit in reply. Other respondents stated they had no objection to the 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 added as a party respondent. Some respondents objected to opening an Escrow Account in the State Bank of India, suggesting other banks instead. The majority of stakeholders expressed willingness to open the Escrow

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## Issues and analysis

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

**Ratio:** The court has the discretion to allow or disallow an Interlocutory Application based on

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**Reasoning:** The court considered the submissions made by the parties and the fact that some

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**Interpretation:** An Interlocutory Application is a request made to the court during the pendency

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**Application:** The court allowed the Interlocutory Application in terms of prayer clause [(b),

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## Parties

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

## Timeline

- **2022-11-17 — Matter Listed…**: The matter was listed on Board, and some respondents sought time to place on record…
- **2022-11-21 — Hearing…**: The matter was called upon for hearing, and Counsel for Respondent Nos. 6 & 31, orally…

## 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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