# In the matter of Samiah International Builders Limited IA 2780-ND-2022 in Company Petition No. (IB)-1320(ND)-2019

> NCLT judgment dated 2022-10-04. Citation: TCN-2022-NCLT-00843. IA No. 2780 of 2022 was filed by M/s. Samiah International Builders Limited, referred to as the…

- **Court:** NCLT
- **Order date:** 4 Oct 2022
- **Citation:** TCN-2022-NCLT-00843
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/samiah-international-builders-limited-ia-2780-nd-2022-in-company-petition-no-ib-89df6d30

## Summary

### Background

IA No. 2780 of 2022 was filed by M/s. Samiah International Builders Limited, referred to as the 'Applicants/Financial Creditors', under Rule 60(5) read with Regulations 39 of IBBI (Liquidation Process) 2016, read with Rule 11 of the NCLT Rules, 2016, seeking to take on record the map/plan sanctioned by the Greater Noida Industrial Development Authority.

## Facts

IA No. 2780 of 2022 was filed by M/s. Samiah International Builders Limited, seeking to have the court take on record a map/plan sanctioned by the Greater Noida Industrial Development Authority. The application was filed under Rule 60(5) read with Regulations 39 of IBBI (Liquidation Process) 2016, and Rule 11 of the NCLT Rules, 2016. The main Company Petition No. (IB)-1320(ND)/2019, involving Nitin Mehta and others versus Samiah International Builders Limited, had already been dismissed by a separate order dated 04.10.2022. Given the dismissal of the main case, the court found that it was unnecessary to consider the merits of the IA.

## Issues and analysis

### Issue 1: Whether IA No. 2780 of 2022, seeking to take on record a map/plan, should be considered on its …

**Ratio:** An application becomes infructuous if the main matter it relates to has already been

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**Reasoning:** The court reasoned that since the main case (IB-1320/ND/2019) had already been dismissed,

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**Interpretation:** The interpretation is that any interlocutory application (IA) is dependent on

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**Application:** In this specific case, the IA sought to bring a map/plan on record. However,

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## Parties

- **Judges:** DHARMINDER…; L. N. G…
- **Appellants:** Nitin M…
- **Respondents:** Samiah Internation…

## Timeline

- **2019-01-01 — Company Petiti…**: Company Petition No.…
- **2022-01-01 — IA No. 2780/ND/2022…**: IA No. 2780/ND/2022 was filed by M/s.…

## 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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