# In the matter of Lanco Solar Energy Pvt. Ltd. CP(IB) No. 58-9-HDB-2018

> NCLT judgment dated 2019-07-08. Citation: TCN-2019-NCLT-02641. The case pertains to CP(IB) No.58/9/HDB/2018 before the National Company Law Tribunal,…

- **Court:** NCLT
- **Order date:** 8 Jul 2019
- **Citation:** TCN-2019-NCLT-02641
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lanco-solar-energy-pvt-ltd-cpib-no-58-9-hdb-2018-afe71208

## Summary

### Background

The case pertains to CP(IB) No.58/9/HDB/2018 before the National Company Law Tribunal, Hyderabad Bench. The matter involves Lanco Solar Energy Pvt Ltd as the corporate debtor and Dynamic Engineers Ltd as the petitioner. An IRP was appointed in CP(IB)No.518/7/HDB/2018.

## Facts

The case involves a petition filed by Dynamic Engineers Ltd against Lanco Solar Energy Pvt Ltd under Section 9 of the IBC. An Interim Resolution Professional (IRP) had already been appointed in a related case, CP(IB)No.518/7/HDB/2018, involving the same respondent. The court noted that the respondent in both cases is the same. A copy of the order dated 14/06/2019 in CP(IB)No.518/7/HDB/2018 was filed. The petitioner in CP(IB) No.58/9/HDB/2018 was directed to make their claim before the IRP.

## Issues and analysis

### Issue 1: Whether the petitioner in CP(IB) No.58/9/HDB/2018 should be directed to make their claim before the …

**Ratio:** When a corporate debtor is already undergoing insolvency proceedings under the IBC, and

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**Reasoning:** The court reasoned that since the respondent in both CP(IB) No.58/9/HDB/2018 and

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**Interpretation:** This interpretation aligns with the objective of the IBC to provide a

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**Application:** The court applied this principle by directing Dynamic Engineers Ltd, the

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## Parties

- **Judges:** K. Anantha…
- **Respondents:** Lanco Solar…

## Timeline

- **2019-07-08 — Hearing…**: Hearing held on…
- **2019-06-14 — Order Date in…**: Copy of the Order dated 14/06/2019 in…

## 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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