# In the matter of Sunil Choudhary Vs. Hubergroup India Pvt. Ltd. & Anr. CA(AT)(Insolvency) No. 452-2019

> NCLAT judgment dated 29 Jul 2019. Citation: TCN-2019-NCLAT-00406. The case originated from an application filed by Hubergroup India Pvt. Ltd. (Operational…

- **Court:** NCLAT
- **Order date:** 29 Jul 2019
- **Citation:** TCN-2019-NCLAT-00406
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sunil-choudhary-vs-hubergroup-india-pvt-ltd-anr-ca-4f0cdcca

## Summary

### Background

The case originated from an application filed by Hubergroup India Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Shreemataji Graphics Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority, National Company Law Tribunal (NCLT), Mumbai Bench, admitted this application on March 6, 2019, thereby commencing the CIRP. This admission order led to the appointment of an Interim Resolution Professional (IRP) and the issuance of a public announcement. However, a Committee of Creditors (CoC) was not constituted in the Corporate Debtor's case.

## Facts

Hubergroup India Pvt. Ltd., the respondent and an Operational Creditor, initiated the Corporate Insolvency Resolution Process (CIRP) against Shreemataji Graphics Pvt. Ltd., the Corporate Debtor, by filing an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority, National Company Law Tribunal (NCLT), Mumbai Bench, admitted this application on March 6, 2019. This admission order led to the commencement of the CIRP against the Corporate Debtor. The present appeal was filed against this admission order.

## Issues and analysis

### Issue 1: Whether the NCLAT can set aside an order of admission of CIRP under Section 9 of the I&B Code when…

**Ratio:** When parties to an insolvency proceeding under Section 9 of the I&B Code reach a full and…

**Reasoning:** The NCLAT reasoned that since the parties had reached a comprehensive settlement, as…

**Interpretation:** The NCLAT interpreted **Rule 11 of the National Company Law Appellate Tribunal,…

**Application:** In this case, the Appellant, the Operational Creditor, and the Interim…

## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Advocates:** For Appel…; Nikhilesh…; +6 more

## Timeline

- **March 6, 2019 — CIRP Admi…**: NCLT, Mumbai Bench, admitted the application under Section 9 of the I&B Code against…
- **April 29, 2019 — First Appeal…**: The appeal was listed for the first time, and NCLAT observed no prima facie infirmity in…

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