# In the matter of Hema Engg. Industries Ltd. IB-132(ND)-2021

> NCLT judgment dated 2021-08-17. Citation: TCN-2021-NCLT-01313. The case involves Sheel Auto Industries (P) Ltd, the Operational Creditor, filing a petition…

- **Court:** NCLT
- **Order date:** 17 Aug 2021
- **Citation:** TCN-2021-NCLT-01313
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hema-engg-industries-ltd-ib-132nd-2021-102061a6

## Summary

### Background

The case involves Sheel Auto Industries (P) Ltd, the Operational Creditor, filing a petition against Hema Engg. Industries (P) Ltd, the Corporate Debtor, under Section 9 of the IBC, 2016. The Corporate Debtor, Hema Engineering Industries Limited, is already undergoing Corporate Insolvency Resolution Process (CIRP).

## Facts

Sheel Auto Industries (P) Ltd, the Operational Creditor, filed a petition against Hema Engg. Industries (P) Ltd, the Corporate Debtor, under Section 9 of the IBC, 2016. Hema Engineering Industries Limited was already subjected to CIRP. The Resolution Professional of the Corporate Debtor was present and submitted that in Company Petition IB-900/ND/2020 (P.R. Rolling Mills Private Limited vs. Hema Engineering Industries Limited), the date of commencement of CIRP was April 5, 2021. The present petition, IB-132/ND/2021, was dismissed as withdrawn in terms of Rule 8 of IBBI (Application to Adjudicating Authority) Rules, 2016. The key fact is that the Corporate Debtor was already undergoing CIRP, which influenced the dismissal of the current petition.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the IBC, 2016 should be …

**Ratio:** A petition under Section 9 of the IBC, 2016 may not be maintainable if the Corporate

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**Reasoning:** The court considered the submission that the Corporate Debtor, Hema Engineering

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**Interpretation:** The interpretation is that if a company is already undergoing CIRP, any new

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**Application:** Since Hema Engineering Industries Limited was already undergoing CIRP, the

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## Parties

- **Judges:** SHRI. P.S.N.…; Narender Kumar…
- **Appellants:** Sheel Auto…
- **Respondents:** Hema Engg.…
- **Advocates:** Vishal…; Anand Singh…

## Timeline

- **2021-04-05 — Commencement…**: Date of commencement of CIRP in Company Petition IB-900/ND/2020 (P.R. Rolling Mills…
- **2021-08-17 — Order Del…**: Order delivered dismissing the petition filed by Sheel Auto Industries (P) Ltd against…

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