# In the matter of Birender kumar Vs. Adel Landmarks Ltd. Company Appeal (AT) (Insolvency) No. 39 of 2018

> NCLAT judgment dated 2018-02-02. Citation: TCN-2018-NCLAT-00383. The appellant, Birender Kumar, filed an application under Section 9 of the Insolvency and…

- **Court:** NCLAT
- **Order date:** 2 Feb 2018
- **Citation:** TCN-2018-NCLAT-00383
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/birender-kumar-vs-adel-landmarks-ltd-company-appeal-31457084

## Summary

### Background

The appellant, Birender Kumar, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against M/s Adel Landmarks Ltd. The Adjudicating Authority (National Company Law Appellate Tribunal), New Delhi Bench, dismissed the application via an order dated September 18, 2017, due to the pendency of winding up proceedings before the Hon'ble High Court, New Delhi, in C.P. No.312 of 2016.

## Facts

Birender Kumar, the appellant, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process against M/s Adel Landmarks Ltd. The Adjudicating Authority dismissed the application because winding up proceedings were already pending against M/s Adel Landmarks Ltd. before the Hon'ble High Court, New Delhi. The order dismissing the application was dated September 18, 2017. The appellant appealed this decision. The Hon'ble High Court had initiated winding up proceedings by admitting the application under Section 433(e) of the Companies Act, 1956.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** If a winding up proceeding has been initiated against the Corporate Debtor by the Hon'ble

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**Reasoning:** The Appellate Tribunal relied on its previous decision in "M/s. Unigreen Global

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**Interpretation:** The interpretation of Section 11 of the I&B Code, along with the provisions

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**Application:** In this case, since the Hon'ble High Court had already initiated winding up

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Birender…
- **Respondents:** Adel Landmarks…; M/s Adel Landmarks…

## Timeline

- **2017-09-18 — Order by Adjudicating…**: The Adjudicating Authority dismissed the application filed by the appellant under Section…
- **2018-02-02 — Appeal F…**: The appellant filed an appeal against the…

## 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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