# In the matter of Adel Landmarks Ltd. (IB)-243-(ND)-2017

> NCLT judgment dated 2017-09-18. Citation: TCN-2017-NCLT-00401. The case involves a petition filed by Mr. Birender Kumar against M/s. Adel Landmarks Ltd. under…

- **Court:** NCLT
- **Order date:** 18 Sept 2017
- **Citation:** TCN-2017-NCLT-00401
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adel-landmarks-ltd-ib-243-nd-2017-d1ae40bf

## Summary

### Background

The case involves a petition filed by Mr. Birender Kumar against M/s. Adel Landmarks Ltd. under Section 9 of the IBC Code, 2016. The petitioner had previously filed winding up proceedings against the respondent company/corporate debtor before the Hon'ble High Court of Delhi. The Tribunal noted that the petitioner did not disclose the pending winding up proceedings before the High Court, which was brought to the Tribunal's attention by the other side. The Tribunal viewed the prosecution of the petition before two forums as forum shopping.

## Facts

Mr. Birender Kumar filed a petition against M/s. Adel Landmarks Ltd. under Section 9 of the IBC Code, 2016. Prior to this, the petitioner had initiated winding up proceedings against the same respondent company/corporate debtor in the Hon'ble High Court of Delhi. The petitioner did not disclose the pending winding up proceedings to the Tribunal. The respondent brought the existence of the High Court proceedings to the Tribunal's attention. The Tribunal considered the petitioner's actions as suppression of facts and an attempt at forum shopping. The relevance of the High Court proceedings is that they address the same underlying issues and could lead to conflicting outcomes if pursued simultaneously with the IBC petition.

## Issues and analysis

### Issue 1: Whether the petition should be allowed to proceed given the existence of pending winding up …

**Ratio:** A petition should not be allowed to proceed if there are already pending proceedings

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**Reasoning:** The Tribunal reasoned that allowing the petition to proceed would result in forum

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**Interpretation:** This interprets the principle that parallel proceedings addressing the same

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** R. VARADH…
- **Appellants:** Birender…
- **Respondents:** M/s Adel Landmarks…

## Timeline

- **2016-01-01 — Filing of Company…**: The petitioner filed Company petition C.P. No.312 of 2016 against the respondent…
- **2017-09-18 — Order Del…**: The Tribunal dismissed the petition and imposed a cost of Rs. 10,000/- to be paid by 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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