# In the matter of Kunal Structure (India) Pvt. Ltd. vs. M.K. Aircon Systems Pvt. Ltd.

> NCLAT judgment dated 2024-09-06. Citation: TCN-2024-NCLAT-00215. The appeal was filed against the order dated 12.07.2024 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 6 Sept 2024
- **Citation:** TCN-2024-NCLAT-00215
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kunal-structure-india-pvt-ltd-vs-mk-aircon-systems-pvt-ltd-021a3493

## Summary

### Background

The appeal was filed against the order dated 12.07.2024 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi, Principal Bench, which rejected the Appellant's application to transfer CP (IB) No. 121 of 2022 filed under Section 9 from Court-1 to Court-2 of NCLT Ahmedabad. The Principal Bench observed that each case has a separate and individual cause of action against the common Corporate Debtor.

## Facts

Kunal Structure (India) Pvt. Ltd. filed an appeal against the order dated 12.07.2024 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi, Principal Bench. The order rejected the Appellant's application to transfer CP (IB) No. 121 of 2022 filed under Section 9 from Court-1 to Court-2 of NCLT Ahmedabad. The Principal Bench observed that each case has a separate and individual cause of action against the common Corporate Debtor. The Appellant argued that the Corporate Debtor has a common defense in the applications and there is a multiplicity of proceedings unless the application under Section 9 is transferred. The court dismissed the appeal, finding no error in the order of the Principal Bench.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the application for transfer of CP (IB) No. …

**Ratio:** The Adjudicating Authority has the discretion to reject an application for transfer if it

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**Reasoning:** The Principal Bench observed that each case has a separate and individual cause of action

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**Interpretation:** The court interpreted that the Adjudicating Authority's decision to reject the

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**Application:** The court applied the ratio to the facts by upholding the Adjudicating

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Kunal Structure…
- **Respondents:** M/s. M.K. Aircon…
- **Advocates:** Aditya…; Amar V…; +2 more

## Timeline

- **2024-07-12 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) New Delhi, Principal Bench,…
- **2024-09-06 — Appeal He…**: The court heard 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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