# In the matter of Drake & Scull Water & Energy India Pvt. Ltd. CP (IB) No. 101-Chd-Hry-2018

> NCLT judgment dated 2018-10-31. Citation: TCN-2018-NCLT-00433. The case involves M/s Apar Industries Limited, an operational creditor, filing a petition under…

- **Court:** NCLT
- **Order date:** 31 Oct 2018
- **Citation:** TCN-2018-NCLT-00433
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/drake-scull-water-energy-india-pvt-ltd-cp-ib-no-101-chd-hry-2018-c859e219

## Summary

### Background

The case involves M/s Apar Industries Limited, an operational creditor, filing a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Drake & Scull Water & Energy India Pvt. Ltd., the corporate debtor. The petition was filed before the National Company Law Tribunal (NCLT), Chandigarh Bench. The order was delivered on October 31, 2018.

## Facts

M/s Apar Industries Limited, an operational creditor with a registered office in Gujarat, filed a petition against Drake & Scull Water & Energy India Pvt. Ltd., a corporate debtor located in Gurugram, Haryana. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The NCLT, Chandigarh Bench, was hearing the case. Prior to this case, another petition, CP (IB) No.7/Chd/Hry/2018, filed by Shivashakti Elmech Pvt. Ltd. against Drake & Scull Water & Energy India Pvt. Ltd., had already been admitted. The court disposed of the current petition, granting the petitioner the liberty to file a claim before the Interim Resolution Professional.

## Issues and analysis

### Issue 1: Whether the petition filed by M/s Apar Industries Limited under Section 9 of the Insolvency and …

**Ratio:** When another insolvency petition against the same corporate debtor has already been

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**Reasoning:** The court reasoned that since another petition against the same corporate debtor had

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**Interpretation:** This interpretation suggests that the NCLT prioritizes efficiency and avoids

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**Application:** In this case, since Shivashakti Elmech Pvt. Ltd.'s petition against Drake &

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** M/s Apar Industrie…
- **Respondents:** Drake & Scull…
- **Advocates:** Ajiteshwar…; Ankit K…; +1 more

## Timeline

- **2018-10-31 — Order Del…**: The NCLT delivered the order disposing of the petition filed by M/s Apar Industries…

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