# In the matter of Kamla Landmarc Properties Pvt. Ltd. MA-2122-2019 in C.P. (IB) 4150(MB)-2018

> NCLT judgment dated 2019-06-17. Citation: TCN-2019-NCLT-02875. The case involves an application filed by the Resolution Professional seeking necessary…

- **Court:** NCLT
- **Order date:** 17 Jun 2019
- **Citation:** TCN-2019-NCLT-02875
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kamla-landmarc-properties-pvt-ltd-ma-2122-2019-in-cp-ib-4150mb-2018-7140ded4

## Summary

### Background

The case involves an application filed by the Resolution Professional seeking necessary directions. The Hon'ble High Court of Bombay had previously passed a winding-up order on 02.08.2018 against the Corporate Debtor. The order of the High Court of Bombay dated 02.08.2018 in CP 65/2018 was perused.

## Facts

An application was filed by the Resolution Professional seeking directions. The Hon'ble High Court of Bombay issued a winding-up order on August 2, 2018, against the Corporate Debtor. The High Court's order, dated August 2, 2018, in CP 65/2018, was reviewed. Because of the winding-up order, the CIRP cannot continue under Section 11(d) of the Code. Consequently, the CIRP order against the Corporate Debtor is recalled, the IRP is discharged, and the CP is closed. The key fact is the existence of a prior winding-up order issued by the High Court, which takes precedence over the CIRP.

## Issues and analysis

### Issue 1: Whether the Corporate Insolvency Resolution Process (CIRP) can continue given the prior winding-up …

**Ratio:** A Corporate Insolvency Resolution Process (CIRP) cannot continue if a winding-up order

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**Reasoning:** The court reasons that the existence of a winding-up order issued by the High Court of

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**Interpretation:** Section 11(d) of the Code is interpreted to mean that a winding-up order issued

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**Application:** In this specific case, the Hon'ble High Court of Bombay had already passed a

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Anupam Corp…
- **Respondents:** Kamal Landmark…

## Timeline

- **2018-08-02 — Winding-up…**: Hon'ble High Court of Bombay passed a…
- **2019-06-17 — Order Shee…**: Order sheet of the hearing of Mumbai Bench…

## Legal provisions

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

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