Dismissed¶¶25

Super Cassettes Industries Ltd. v. Reliance Broadcast Network Limited

Delhi HC14 May 2025CS(COMM)/1047/2016

Case brief

AI extract

What is this about?

Delhi High Court; Amit Bansal, J; 14.05.2025; CS(COMM) 1047/2016; I.A. 9183/2025; Section 151 CPC; dismissal of suit; abatement of claim; Corporate Insolvency Resolution Process; CIRP; resolution plan approved; NCLT Mumbai Bench-V; NCLAT affirmation; finality of resolution plan; binding on all stakeholders; creditors who failed to submit claims; Vijay Prakash v Alok Industries; 2024 SCC OnLine Del 5068; Ghanashyam Mishra v Edelweiss Asset Reconstruction; (2021) 9 SCC 657; Super Cassettes Industries Ltd; Reliance Broadcast Network Limited; suit dismissed; insolvency; extinguished claims.

What did the court decide?

Application I.A. 9183/2025 (under Section 151 CPC) filed by the defendant allowed; suit CS(COMM) 1047/2016 dismissed as the plaintiff's claim stands abated. ¶¶25

Super Cassettes Industries Ltd. Vs Reliance Broadcast Network Limited — Delhi HC (2025) — LawSathi Research

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 9183/2025 IN

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- CS(COMM) 1047/2016

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SUPER CASSETTES INDUSTRIES LTD .....Plaintiff Through: Mr. Ujjawal Bhargava, Advocate

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versus

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RELIANCE BROADCAST NETWORK LIMITED .....Defendant Through: Mr. Abhishekh Malhotra, Senior Advocate with Ms. Sonal Chhablani, Advocate

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 14.05.2025 CS(COMM) 1047/2016 and I.A. 9183/2025 ( under Section 151 of the

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CPC )

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This application has been filed on behalf of the defendant seeking dismissal of the present suit on account of the plaintiff’s claim being abated, in view of its failure to file its claim during the Corporate Insolvency Resolution Process (CIRP) initiated against the defendant.

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Notice in this application was issued on 8^th April, 2025. However, no reply has been filed by the plaintiff to the application.

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Counsel for the plaintiff submits that the application may be decided on the basis of the documents on record.

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Mr. Abhishek Malhotra, senior counsel appearing on behalf of the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2025 at 13:17:52

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applicant/defendant, submits that this issue is squarely covered by the judgment of the co-ordinate bench of this Court in Vijay Prakash v. Alok Industries¹ .

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Mr. Malhotra has drawn attention of this Court to the order dated 6th May, 2024, passed by the National Company Law Tribunal (‘NCLT’), Mumbai, Bench-V, in terms of which the Resolution Plan in respect of the defendant company has been approved.

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It is further submitted that the aforesaid order of NCLT has been affirmed by the National Company Law Appellate Tribunal (‘NCLAT’), Principal Bench, New Delhi, vide judgment dated 23^rd December 2024. 7. A perusal of the order dated 6^th May 2024 passed by NCLT would show that the Resolution Plan in respect of the defendant company has been approved, and the said order reflects that the plaintiff had not filed any claim in the CIRP proceedings. Further, the said order has attained finality vide judgment dated 23^rd December, 2024, passed by the NCLAT.

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In Vijay Prakash (supra), relying on the judgment passed by the Supreme Court in Ghanashyam Mishra & Sons (P) Ltd. v. Edelweiss Asset Reconstruction Co. Ltd.² , a coordinate bench of this Court has observed that on the approval of the Resolution Plan, all claims which were not part of the Resolution Plan stand extinguished and the plaintiff is barred from initiating or continuing the proceedings in respect of such claim which is not part of the Resolution Plan. In light of the said analysis and exercising the power of the court granted under Section 151 of CPC, the coordinate bench dismissed the suit therein as the relief sought had become infructuous.

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1 2024 SCC OnLine Del 5068

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2 (2021) 9 SCC 657

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2025 at 13:17:52

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In my considered view, the present case is squarely covered by the judgment of the Co-ordinate Bench in Vijay Prakash (supra). The Resolution Plan, having attained finality, is binding on all stakeholders, including creditors who failed to submit their claims within the prescribed period. Since the defendant has failed to file its claim in the CIRP proceedings, the plaintiff’s claim stands abated.

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Accordingly, the application is allowed, and the present suit is dismissed.

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AMIT BANSAL, J

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MAY 14, 2025/SV

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2025 at 13:17:52

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This is a digitally signed order.

Super Cassettes Industries Ltd. v. Reliance Broadcast Network Limited

Case brief

What is this about?

What did the court decide?

Super Cassettes Industries Ltd. v. Reliance Broadcast Network Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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