# In the matter of Supreme Housing & Hospitality Pvt. Ltd. I.A. 2709-2021 In C.P.(IB)-4417(MB)-2018

> NCLT judgment dated 2022-01-31. Citation: TCN-2022-NCLT-04312. The case involves an application (I.A. 2709/2021) before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 31 Jan 2022
- **Citation:** TCN-2022-NCLT-04312
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/supreme-housing-hospitality-pvt-ltd-ia-2709-2021-in-cpib-4417mb-2018-fc72573a

## Summary

### Background

The case involves an application (I.A. 2709/2021) before the National Company Law Tribunal (NCLT), Mumbai Bench, concerning the insolvency resolution process of Supreme Housing & Hospitality Pvt Ltd. CBRE South Asia Pvt Ltd is the applicant. The Resolution Professional (RP), Mr. Nithish Bangera, initially raised an objection regarding a defective Form FA, but later withdrew the objection, confirming that no amount is due to the Interim Resolution Professional (IRP).

## Facts

CBRE South Asia Pvt Ltd initiated insolvency proceedings against Supreme Housing & Hospitality Pvt Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Resolution Professional (RP), Mr. Nithish Bangera, initially objected to the application, citing a defective Form FA. However, he later confirmed that no amount was due to the Interim Resolution Professional (IRP) and withdrew his objection. The NCLT, Mumbai Bench, considered the submissions and material on record. A CIRP admission order had been previously passed on 23.08.2021. The RP's initial objection was deemed a trivial issue.

## Issues and analysis

### Issue 1: Whether I.A. 2709/2021 should be allowed given the RP's initial objection regarding a defective …

**Ratio:** When the RP withdraws the objection and confirms no amount is due to the IRP, the initial

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**Reasoning:** The court considered the RP's submissions and the available material. The RP's withdrawal

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**Interpretation:** The interpretation hinges on the RP's role and the weight given to their

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**Application:** In this case, the RP's withdrawal of the objection and confirmation that no

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** CBRE South Asia…
- **Respondents:** Supreme Housing &…
- **Advocates:** Parisha…; Nithish B…; +1 more

## Timeline

- **2021-08-23 — CIRP Admissio…**: CIRP admission order was passed by the…
- **2021-09-05 — I.A. 2709…**: Filing of I.A.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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