# In the matter of Supreme Infrastructure BOT Private Limited IA No. 1550-MB-C-II-2021 in C.P(IB) No. 273-MB-C-II-2017

> NCLT judgment dated 2022-02-25. Citation: TCN-2022-NCLT-03958. The case involves an application filed by Feedback Highway OMT Private Limited (formerly known…

- **Court:** NCLT
- **Order date:** 25 Feb 2022
- **Citation:** TCN-2022-NCLT-03958
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/supreme-infrastructure-bot-private-limited-ia-no-1550-mb-c-ii-2021-in-cpib-no-27-b5b15e85

## Summary

### Background

The case involves an application filed by Feedback Highway OMT Private Limited (formerly known as Feedback Brisa Highway OMT Private Limited) under Rule 11 of the Insolvency and Bankruptcy Code, 2016, against Supreme Infrastructure BOT Private Limited. The applicant sought the appointment of an Interim Resolution Professional (IRP) after an admission order was passed on January 10, 2018, instructing that an IRP would be appointed via a separate order. However, the IRP was never appointed. The applicant then filed another application under Section 9 of the Code, but it was disposed of as infructuous because an admission order had already been passed.

## Facts

Feedback Highway OMT Private Limited (formerly Feedback Brisa Highway OMT Private Limited) filed an application against Supreme Infrastructure BOT Private Limited under the Insolvency and Bankruptcy Code, 2016. An admission order was purportedly passed on January 10, 2018, initiating CIRP against Supreme Infrastructure BOT Private Limited, but an Interim Resolution Professional (IRP) was not appointed. The applicant then filed another application, which was disposed of as infructuous. The respondent contended that the admission order was never pronounced in open court, rendering it invalid. The applicant argued for the appointment of an IRP based on the existing admission order. A certified copy of the admission order was obtained by the parties. The key fact is the

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## Issues and analysis

### Issue 1: Whether the admission order dated 10.01.2018 is valid despite the Respondent's contention that it …

**Ratio:** The pronouncement of an order in open court is a crucial aspect of judicial proceedings,

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**Reasoning:** The NCLT considered the arguments and the judgments cited by both parties. It noted that

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**Interpretation:** The court interpreted the legal precedents to mean that while pronouncement is

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**Application:** In this specific case, the NCLT applied the principle that the availability of

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## Parties

- **Judges:** P.N. Deshmukh…; Shyam Babu…
- **Appellants:** Feedback Highway…
- **Respondents:** Supreme Infrastruc…

## Timeline

- **2017-01-01 — C.P (IB) No. 273/MB/C-II…**: Corporate Insolvency Resolution Process (CIRP) application filed by Feedback Highway OMT…
- **2018-01-10 — Admission Orde…**: Admission order passed, initiating CIRP against the Corporate Debtor, with instructions…

## 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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