# In the matter of Alok Industries Limited T.C.P. No. 454-(MAH)-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00596. The case involves H R Organo Chem Pvt. Ltd. versus Alok Industries Limited before the National…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00596
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alok-industries-limited-tcp-no-454-mah-2017-a7886897

## Summary

### Background

The case involves H R Organo Chem Pvt. Ltd. versus Alok Industries Limited before the National Company Law Tribunal (NCLT), Mumbai Bench. The matter pertains to an application filed by the Respondent Debtor. An order from the NCLT, Ahmedabad Bench, dated 18.07.2017, indicates that insolvency proceedings have commenced against Alok Industries Limited, and an Interim Resolution Professional (IRP) has been appointed.

## Facts

H R Organo Chem Pvt. Ltd. filed a petition against Alok Industries Limited before the NCLT, Mumbai Bench. Alok Industries Limited is the Corporate Debtor. The NCLT, Ahmedabad Bench, had already initiated insolvency proceedings against Alok Industries Limited on 18.07.2017, and an IRP had been appointed. The Petitioner's counsel acknowledged the commencement of insolvency proceedings and the formation of the Committee of Creditors. The address of the Debtor is 'Sylvasa' within the jurisdictional territory of the Ahmedabad Bench. This fact is relevant because it determines the appropriate jurisdiction for the insolvency proceedings.

## Issues and analysis

### Issue 1: Whether the petition before the NCLT, Mumbai Bench, is maintainable given the ongoing insolvency …

**Ratio:** When insolvency proceedings have already commenced against a corporate debtor in one NCLT

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**Reasoning:** The court reasoned that since insolvency proceedings had already been initiated against

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**Interpretation:** This interpretation emphasizes the principle that insolvency proceedings should

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**Application:** Given that insolvency proceedings against Alok Industries Limited were already

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** H R Organo Chem…
- **Respondents:** Alok Industries…

## Timeline

- **2017-07-18 — NCLT, Ahmedabad Bench…**: NCLT, Ahmedabad Bench, issued an order commencing insolvency proceedings against Alok…
- **2017-08-18 — NCLT, Mumbai Bench…**: Hearing at NCLT, Mumbai Bench, where the court determined that the petition was not…

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