# In the matter of V A Infraventures Pvt. Ltd. CP No. (IB)-32-ALD-2020

> NCLT judgment dated 6 Apr 2021. Citation: TCN-2021-NCLT-02457. The case pertains to a matter before the Allahabad Bench of the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 6 Apr 2021
- **Citation:** TCN-2021-NCLT-02457
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/v-a-infraventures-pvt-ltd-cp-no-ib-32-ald-2020-0c1feae8

## Summary

### Background

The case pertains to a matter before the Allahabad Bench of the National Company Law Tribunal (NCLT). The hearing was conducted via video conferencing on April 6, 2021. The case involves Prashant Jain V/S M/S V.A. Infraventures Pvt Ltd and relates to Section 7 of the IBC. The matter was taken up through video conferencing, with counsels for both parties present.

## Facts

The case involves Prashant Jain V/S M/S V.A. Infraventures Pvt Ltd and pertains to Section 7 of the IBC. The Allahabad Bench of the NCLT conducted a hearing via video conferencing on April 6, 2021. Counsels for both the applicant (Sh. Krishna Dev Vyas, Adv.) and the respondent (Sh. Vaibhav Tripathi, Adv.) were present. The NCLT dismissed the petition, citing the Supreme Court's order in 'Manish Kumar v/s Union of India and another [Writ Petition (C) No.26 of 2020]' dated January 19, 2021, which upheld the IBC (Amendment) Act, 2020. The dismissal indicates that the Supreme Court's ruling rendered the present petition without effect or purpose.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed in light of the Supreme Court's order in 'Manish …

**Ratio:** The ratio decidendi is that a lower court or tribunal must adhere to and follow the

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**Reasoning:** The NCLT reasoned that the Supreme Court's order in 'Manish Kumar v/s Union of India and

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**Interpretation:** The legal issue revolves around the principle of judicial precedent and the

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**Application:** The ratio and reasoning were applied to the specific facts of the case by the

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Prashant…
- **Respondents:** M/S V.A. Infravent…

## Timeline

- **2021-01-19 — Supreme Cour…**: The Supreme Court issued an order in the matter of 'Manish Kumar v/s Union of India and…
- **2021-04-06 — NCLT Hea…**: The Allahabad Bench of the NCLT conducted a hearing via video conferencing. The NCLT…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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