# In the matter of Spaze Towers Private Limited Company Petition No. IA  4573/ND/2022 in (IB)-284(PB)-2021

> NCLT judgment dated 2022-10-13. Citation: TCN-2022-NCLT-00760. The document contains multiple applications related to the insolvency resolution process of…

- **Court:** NCLT
- **Order date:** 13 Oct 2022
- **Citation:** TCN-2022-NCLT-00760
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/spaze-towers-private-limited-company-petition-no-ia-4573nd2022-in-ib-284pb-2021-a3ad52be

## Summary

### Background

The document contains multiple applications related to the insolvency resolution process of Spaze Towers Private Limited. IA/4573/ND/2022 was filed by Ishan Singh, the promoter and owner of land where the project was to be raised by Spaze Towers Private Limited, seeking to be impleaded as a party in IB-284/PB/2021. This application was dismissed as a similar application had already been dismissed on 2022-08-26. C.P. (IB) 284 of 2021 was filed by Vivek Khanna & Ors. against Spaze Towers Private Limited. I.A. 4085/ND/2022 was filed by Ishan Singh seeking to tag C.P.(IB) 284 of 2021 with C.P.(I.B.) 736 of 2021, also filed by Ishan Singh against Spaze Towers Private Limited.

## Facts

Vivek Khanna & Ors. filed C.P. (IB) 284 of 2021 against Spaze Towers Private Limited. Ishan Singh filed I.A. 4573/ND/2022 seeking to be impleaded in IB-284/PB/2021, which was dismissed because a similar application was already dismissed on 2022-08-26. Ishan Singh also filed C.P.(IB)736/ND/2021 against Spaze Towers Private Limited. Ishan Singh filed I.A. 4085/ND/2022 seeking to tag C.P.(IB) 284 of 2021 with C.P.(I.B.) 736 of 2021. Ishan Singh claimed to be a homebuyer and a promoter of Spaze Towers Private Limited. The Directorate of Town & Country Planning (DTP), Gurgaon, was directed to bring the records of the "Spaze Arrow" project Sector-78 before the Tribunal. The collaboration agreement between Ishan Singh and Spaze Towers Private Limited was dated 2010-06-19.

## Issues and analysis

### Issue 1: Whether IA/4573/ND/2022, filed by Ishan Singh seeking impleadment in IB-284/PB/2021, should be …

**Ratio:** An application cannot be entertained if a

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**Reasoning:** The court noted that Ishan Singh had previously filed an application for impleadment in

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**Interpretation:** This interpretation reinforces the principle of res judicata, preventing the

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**Application:** Since a similar application by Ishan Singh was already dismissed, the court

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## Parties

- **Judges:** DHARMINDER…; BINOD KUMAR…
- **Appellants:** Vivek Khanna &…
- **Respondents:** Spaze Towers…; Spaze Towers Pvt.…

## Timeline

- **2022-08-26 — Dismissal of Impleadment…**: An application for impleadment by Ishan…
- **2010-06-19 — Collaboration…**: Collaboration agreement dated 2010-06-19 between Ishan Singh and Spaze Towers Private…

## 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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