# In the matter of Kamrup Housing Projects Pvt. Ltd. C.P. No. IB-1671(PB)-2018

> NCLT judgment dated 2019-02-18. Citation: TCN-2019-NCLT-04816. The case involves a petition filed by Reena Mukherjee & Ors., financial creditors, against…

- **Court:** NCLT
- **Order date:** 18 Feb 2019
- **Citation:** TCN-2019-NCLT-04816
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kamrup-housing-projects-pvt-ltd-cp-no-ib-1671pb-2018-60bddfcc

## Summary

### Background

The case involves a petition filed by Reena Mukherjee & Ors., financial creditors, against Kamrup Housing Projects Pvt. Ltd., the corporate debtor, under Section 7 of the Insolvency and Bankruptcy Code, 2016. The petition was filed to initiate the corporate insolvency resolution process against the corporate debtor.

## Facts

Reena Mukherjee & Ors. filed a petition against Kamrup Housing Projects Pvt. Ltd. under Section 7 of the Insolvency and Bankruptcy Code, 2016. The purpose was to initiate the corporate insolvency resolution process. However, the court discovered that another petition, Sanjeev Memorial Foundation Vs. M/s Kamrup Housing Projects Pvt. Ltd., had already been admitted against the same corporate debtor on 2018-02-14. Section 11 of the Code prohibits initiating another insolvency process if one is already ongoing. The court disposed of Reena Mukherjee's petition but allowed them to file their claim with the existing Insolvency Professional, Mr. Sumit Shukla.

## Issues and analysis

### Issue 1: Whether another Corporate Insolvency Process can be initiated against a corporate debtor that is …

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

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

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**Interpretation:** Section 11 is interpreted to mean that once a corporate insolvency resolution

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**Application:** In this case, since Sanjeev Memorial Foundation's petition had already been

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## Parties

- **Judges:** M. M. K…; DEEPTI M…
- **Appellants:** Reena Muk…
- **Respondents:** Kamrup Housing…

## Timeline

- **2018-02-14 — Previous…**: Order passed in Sanjeev Memorial Foundation Vs. M/s Kamrup Housing Projects Pvt. Ltd.…
- **2019-02-18 — Judgment De…**: Judgment delivered disposing of the petition filed by Reena Mukherjee & Ors. due to an…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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