# In the matter of Lok Housing & Construction Ltd. C.P. (IB)-3993-MB-2018

> NCLT judgment dated 2019-06-04. Citation: TCN-2019-NCLT-03051. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 4 Jun 2019
- **Citation:** TCN-2019-NCLT-03051
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lok-housing-construction-ltd-cp-ib-3993-mb-2018-736eacf0

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Insolvency Resolution Process (CIRP) petition was admitted against the Corporate Debtor in C.P. NO. 4135/2019 on 03.06.2019.

## Facts

Sai Prasad Maintenance Services filed a petition against Lok Housing & Construction Ltd under Section 9 of the Insolvency & Bankruptcy Code, 2016. The CIRP petition against Lok Housing & Construction Ltd was admitted in C.P. NO. 4135/2019 on 03.06.2019. The court noted this admission and directed Sai Prasad Maintenance Services to approach the IRP with their claim. Consequently, the court dismissed the petition filed by Sai Prasad Maintenance Services as infructuous.

## Issues and analysis

### Issue 1: Whether the petition filed by Sai Prasad Maintenance Services should be admitted, considering a …

**Ratio:** When a CIRP petition has already been admitted against a corporate debtor, subsequent

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**Reasoning:** The court reasoned that since a CIRP petition had already been admitted against the

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**Interpretation:** The interpretation is that once a CIRP has commenced, all claims against the

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**Application:** The court applied this principle by dismissing the petition filed by Sai Prasad

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Sai Prasad…
- **Respondents:** Lok Housing and…

## Timeline

- **2019-06-03 — CIRP Admi…**: CIRP petition admitted against Lok Housing &…
- **2019-06-06 — Order Da…**: The court dismissed the petition filed by Sai…

## 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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