# In the matter of Ramesh Kumar Suneja Vs. Brij Mohan Sahni CA (AT) No. 163-2018

> NCLAT judgment dated 2018-08-07. Citation: TCN-2018-NCLAT-00161. The appeal was filed by Ramesh Kumar Suneja, the promoter of Pawan Buildwell Pvt. Ltd.…

- **Court:** NCLAT
- **Order date:** 7 Aug 2018
- **Citation:** TCN-2018-NCLAT-00161
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ramesh-kumar-suneja-vs-brij-mohan-sahni-ca-a36c02d5

## Summary

### Background

The appeal was filed by Ramesh Kumar Suneja, the promoter of Pawan Buildwell Pvt. Ltd. (Corporate Debtor), challenging the order dated April 4, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, in Company Petition No. (IB)-197(ND)/2018. The Adjudicating Authority had admitted the application filed by the Respondent, Brij Mohan Sahni, under Section 7 of the Insolvency and Bankruptcy Code, 2016 (I&B Code), against Pawan Buildwell Pvt. Ltd., initiated a moratorium, and appointed an Interim Resolution Professional. The appellant argued that the application under Section 7 was barred by res judicata, as a similar application by M/s Gay Printers for the same amount had been dismissed earlier.

## Facts

Late Mr. Surinder Mohan Sahni entered into a partnership with Mr. Brij Mohan Sahni. After Surinder Mohan Sahni's death on October 2, 2015, the partnership dissolved. Mr. Rasik Sahni then entered into partnership with Mr. Brij Mohan Sahni on October 3, 2015, forming a new firm that assumed the assets and liabilities of the old firm. Originally, 'M/s Gay Printers,' a partnership firm of Mr. Brij Mohan Sahni and (Late) Mr. Surinder Mohan Sahni, granted a loan of Rs. 1 crore to the Corporate Debtor, M/s Pawan Buildwell Pvt. Ltd. After Surinder Mohan Sahni's death, Brij Mohan Sahni claimed to be the Financial Creditor of the Corporate Debtor regarding the loan given by 'M/s Gay Printers.' Brij Mohan Sahni filed an application under Section 7 of the I&B Code on behalf of

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## Issues and analysis

### Issue 1: Whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016, filed by Mr. …

**Ratio:** An application under Section 7 is not maintainable if there is a dispute as to who the

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**Reasoning:** The court reasoned that the application under Section 7 preferred at the instance of Mr.

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**Interpretation:** Section 7 of the Insolvency and Bankruptcy Code, 2016, allows a financial

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**Application:** In this case, the court applied the ratio to the facts by noting that the loan

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Ramesh Kumar…
- **Respondents:** M/s Pawan…; Brij Mohan…

## Timeline

- **2015-10-02 — Death of Surinder Mohan…**: Mr. Surinder Mohan Sahni passed away, leading to the dissolution of the partnership…
- **2015-10-03 — New Partnershi…**: Mr. Rasik Sahni entered into partnership with Mr. Brij Mohan Sahni, forming a new firm…

## 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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