# In the matter of Rajputana Properties Private Limited Vs Ultratech Cement Limited & Ors Civil Appeal Nos. 5789-5790-2018

> SC judgment dated 2018-07-02. Citation: TCN-2018-SC-00046. The case involves a civil appeal in the Supreme Court of India regarding a dispute between…

- **Court:** SC
- **Order date:** 2 Jul 2018
- **Citation:** TCN-2018-SC-00046
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/rajputana-properties-private-limited-vs-ultratech-cement-limited-ors-civil-appea-5baf04d1

## Summary

### Background

The case involves a civil appeal in the Supreme Court of India regarding a dispute between Rajputana Properties Private Limited and Ultratech Cement Limited & Ors. The National Company Law Appellate Tribunal (NCLAT) was expected to conclude proceedings at an early date, but this did not occur. A key issue is the eligibility of Ultratech Cement Limited under Section 29A of the Insolvency and Bankruptcy Code, 2016, including its resolution plan.

## Facts

Rajputana Properties Private Limited filed an appeal against Ultratech Cement Limited & Ors. The case was heard in the Supreme Court of India. The National Company Law Appellate Tribunal (NCLAT) was initially expected to conclude the proceedings quickly, but this did not happen. A central point of contention is the eligibility of Ultratech Cement Limited under Section 29A of the Insolvency and Bankruptcy Code, 2016, which includes its resolution plan. Rajputana Properties raised a preliminary objection against Ultratech Cement's bid. The Supreme Court transferred the proceedings to the NCLAT, directing it to decide on all points raised by both sides without being influenced by a previous order dated 15.05.2018. The National Company Law Tribunal, Kolkata, was

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## Issues and analysis

### Issue 1: Whether the eligibility of Ultratech Cement Limited should be considered under Section 29A of the …

**Ratio:** Section 29A of the Insolvency and Bankruptcy Code, 2016, specifies the criteria for

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**Reasoning:** The court directed the NCLAT to deliberate on the point arising under Section 29A,

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**Interpretation:** Section 29A is interpreted as a crucial provision that determines whether a

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

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## Parties

- **Judges:** ROHINTON FALI…; Indu Mal…
- **Appellants:** RAJPUTANA…
- **Respondents:** ULTRATECH CEMENT…
- **Other parties:** Affir…

## Timeline

- **2018-05-10 — Previous…**: The court had hoped that the National Company Law Appellate Tribunal would conclude the…
- **2018-07-10 — Appeal He…**: The appeal was set down…

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