# In the matter of H & V Engineering & Construction Pvt. Ltd. C.P. (IB)-4756-MB-2018

> NCLT judgment dated 2019-05-06. Citation: TCN-2019-NCLT-03451. The case pertains to C.P. (IB)-4756/MB/2018 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLT-03451
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/h-v-engineering-construction-pvt-ltd-cp-ib-4756-mb-2018-a23da12d

## Summary

### Background

The case pertains to C.P. (IB)-4756/MB/2018 before the National Company Law Tribunal (NCLT), Mumbai Division. The order sheet reflects the hearing of the Mumbai bench of the NCLT. The matter involves GurukrupaScagholding as the petitioner and H & V Engineering & Construction Pvt. Ltd as the respondent. The case is filed under Section 9 of the Insolvency & Bankruptcy Code, 2016.

## Facts

The case involves GurukrupaScagholding filing a petition against H & V Engineering & Construction Pvt. Ltd under Section 9 of the Insolvency & Bankruptcy Code, 2016. During the hearing, it was reported that an insolvency petition had already been admitted against H & V Engineering & Construction Pvt. Ltd in C.P. No. 314/2019. Consequently, the NCLT directed GurukrupaScagholding to approach the IRP with their claim and dismissed the current petition as not pressed. The key fact is the existence of prior insolvency proceedings against the same corporate debtor, rendering the current petition redundant.

## Issues and analysis

### Issue 1: Whether the petition filed by GurukrupaScagholding should be admitted given that an insolvency …

**Ratio:** When an insolvency petition has already been admitted against a corporate debtor,

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**Reasoning:** The court reasoned that since an insolvency petition was already admitted against the

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**Interpretation:** The interpretation is that the existence of prior insolvency proceedings

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**Application:** In this case, the court applied the ratio by directing GurukrupaScagholding to

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** GurukrupaScagholdi…
- **Respondents:** H & V Engineering…

## Timeline

- **2019-05-06 — Order Shee…**: Order sheet of the hearing of Mumbai Bench…

## 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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