# In the matter of Supertech Limited

> NCLT judgment dated 2023-09-01. Citation: TCN-2023-NCLT-01799. The interlocutory application I.A.(IBC)/4218/2023 was filed on behalf of Mr. Hitesh Goel, the…

- **Court:** NCLT
- **Order date:** 1 Sept 2023
- **Citation:** TCN-2023-NCLT-01799
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/supertech-limited-cb0d4195

## Summary

### Background

The interlocutory application I.A.(IBC)/4218/2023 was filed on behalf of Mr. Hitesh Goel, the Resolution Professional for the Project Eco-Village II of M/s. Supertech Limited, under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The application sought certain prayers, including allowing the present application and granting an exclusion of 159 days from January 27, 2023, till July 5, 2023, due to time lost in litigation before the Supreme Court and NCLAT.

## Facts

Mr. Hitesh Goel, the Resolution Professional for the Project Eco-Village II of M/s. Supertech Limited, filed an interlocutory application (I.A.(IBC)/4218/2023) seeking certain reliefs. The application was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The applicant requested an exclusion of 159 days from January 27, 2023, to July 5, 2023, due to time lost in litigation pending before the Supreme Court and NCLAT. The Adjudicating Authority noted that similar prayers had been adjudicated in previous orders (I.A./3844/20223 & I.A./3845/2023).

## Issues and analysis

### Issue 1: Whether the present interlocutory application …

**Ratio:** An application becomes infructuous when the relief sought has already been addressed in

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**Reasoning:** The Adjudicating Authority noted that similar prayers sought by the Applicant had already

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**Interpretation:** The principle is that courts avoid redundant adjudication. If a matter has

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**Application:** Since the prayers in the present application were similar to those already

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## Parties

- **Judges:** SH. MANNI…; BINOD KUMAR…
- **Appellants:** Hitesh…
- **Respondents:** M/s. Supertech…; M/s. Union Bank…

## Timeline

- **2023-01-27 — Start of Exclusion…**: Applicant sought exclusion of 159…
- **2023-07-05 — End of Exclusi…**: Applicant sought exclusion of…

## 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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