# In the matter of Aerens Goldsouk International Ltd. IB-562(ND)-2019

> NCLT judgment dated 2020-01-09. Citation: TCN-2020-NCLT-02410. The case involves a petition filed under Section 9 of the IBC code 2016 before the National…

- **Court:** NCLT
- **Order date:** 9 Jan 2020
- **Citation:** TCN-2020-NCLT-02410
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aerens-goldsouk-international-ltd-ib-562nd-2019-71c09e0a

## Summary

### Background

The case involves a petition filed under Section 9 of the IBC code 2016 before the National Company Law Tribunal (NCLT), New Delhi, by M/s. Wyndhan Hotels Asia Pacific Co. Ltd. against M/s. Aerens Goldsouk International Ltd. The petition was initiated as an operational creditor seeking to initiate corporate insolvency resolution process against the corporate debtor. However, the Hon'ble High Court of Delhi had already passed an order on 01.08.2019 in C.P. No.3117/2016 regarding the winding up of the respondent company, wherein the official liquidator attached with the Hon'ble High Court of Delhi has been appointed as provisional Liquidator.

## Facts

M/s. Wyndhan Hotels Asia Pacific Co. Ltd. filed a petition under Section 9 of the IBC code 2016 against M/s. Aerens Goldsouk International Ltd. before the NCLT, New Delhi. The petition was filed as an operational creditor. Prior to this, the Hon'ble High Court of Delhi had already initiated winding-up proceedings against M/s. Aerens Goldsouk International Ltd. in C.P. No.3117/2016 and appointed an official liquidator. The High Court order, dated 01.08.2019, directed the liquidator to take control of the assets and accounts of the company. The NCLT considered the High Court's order and the fact that the High Court was already seized of the matter.

## Issues and analysis

### Issue 1: Whether the NCLT can proceed with a Section 9 petition under the IBC when the High Court is already …

**Ratio:** When a High Court is already seized of a matter concerning the winding up of a company

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**Reasoning:** The NCLT reasoned that proceeding with the Section 9 petition would be redundant and

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**Interpretation:** This interpretation emphasizes the principle of judicial comity and avoids

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**Application:** In this case, since the High Court of Delhi was already seized of the matter

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## Parties

- **Judges:** CH. MOHD SHARIEF…; Ms, Sumita…
- **Appellants:** M/s. Wyndhan…
- **Respondents:** M/s. Aerens…

## Timeline

- **2019-08-01 — High Court…**: The Hon'ble High Court of Delhi passed an order in C.P. No.3117/2016 regarding the…
- **2020-01-09 — NCLT Ord…**: The NCLT, New Delhi, closed the Section 9 petition filed by M/s. Wyndhan Hotels Asia…

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