# In the matter of C & C Constructions Ltd. C.P. No. IB-1288(PB)-2018

> NCLT judgment dated 2019-02-14. Citation: TCN-2019-NCLT-04844. The case involves a petition filed by Oriental Bank of Commerce against C & C Constructions Ltd…

- **Court:** NCLT
- **Order date:** 14 Feb 2019
- **Citation:** TCN-2019-NCLT-04844
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/c-c-constructions-ltd-cp-no-ib-1288pb-2018-95568ece

## Summary

### Background

The case involves a petition filed by Oriental Bank of Commerce against C & C Constructions Ltd under Section 7 of the Insolvency and Bankruptcy Code, 2016. The petition was filed to initiate a corporate insolvency resolution process against the Corporate Debtor.

## Facts

Oriental Bank of Commerce filed a petition against C & C Constructions Ltd under Section 7 of the Insolvency and Bankruptcy Code, 2016. Prior to this case, ICICI Bank Ltd had already filed a petition against C & C Constructions Ltd, which was admitted on 14.02.2019. The Insolvency Professional appointed was Mr. Navneet Kumar Gupta. Section 11 of the Insolvency and Bankruptcy Code, 2016, prevents the initiation of another Corporate Insolvency Process if one is already ongoing. The order was delivered on 14.02.2019.

## Issues and analysis

### Issue 1: Whether another Corporate Insolvency Resolution Process can be initiated against a Corporate Debtor …

**Ratio:** Section 11 of the Insolvency and Bankruptcy Code, 2016, prohibits the initiation of

…

**Reasoning:** The court reasoned that allowing multiple insolvency processes against the same Corporate

…

**Interpretation:** Section 11 is interpreted to mean that once a Corporate Insolvency Resolution

…

**Application:** In this case, since ICICI Bank Ltd's petition against C & C Constructions

…

## Parties

- **Judges:** M. M. K…; Pradeep R.…
- **Appellants:** Oriental Bank of…
- **Respondents:** C & C Construction…

## Timeline

- **2019-02-14 — ICICI Bank Petition…**: ICICI Bank Ltd's petition against C &…
- **2019-02-14 — Order Del…**: The order was delivered on 14.02.2019, disposing of the petition filed by Oriental Bank…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11 — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/c-c-constructions-ltd-cp-no-ib-1288pb-2018-95568ece