# In the matter of Lok Housing & Construction Ltd. CP(IB)-2193(MB)-2019

> NCLT judgment dated 2019-08-05. Citation: TCN-2019-NCLT-02099. The case involves a petition filed under the Insolvency and Bankruptcy Code, 2016. The…

- **Court:** NCLT
- **Order date:** 5 Aug 2019
- **Citation:** TCN-2019-NCLT-02099
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lok-housing-construction-ltd-cpib-2193mb-2019-3976383a

## Summary

### Background

The case involves a petition filed under the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor, Lok Housing & Constructions Ltd., is already undergoing Corporate Insolvency Resolution Process (CIRP) based on a previous order. The current petition, CP(IB)-2193(MB)/2019, was filed by Employees of Lok Housing & Constructions Ltd.

## Facts

The Employees of Lok Housing & Constructions Ltd. filed a petition CP(IB)-2193(MB)/2019 against Lok Housing & Constructions Ltd. under the Insolvency and Bankruptcy Code, 2016. However, Lok Housing & Constructions Ltd. was already undergoing CIRP based on an order dated 2019-06-03 in CP 4135/IB(MB)/2018. Because of the ongoing CIRP, the court dismissed the petition as infructuous, allowing the petitioners to lodge their claim with the IRP.

## Issues and analysis

### Issue 1: Whether the petition CP(IB)-2193(MB)/2019 should be admitted when the Corporate Debtor is already …

**Ratio:** A petition should not be admitted if the

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**Reasoning:** The court reasoned that since the Corporate Debtor was already undergoing CIRP based on a

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

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**Application:** Since Lok Housing & Constructions Ltd. was already undergoing CIRP, the

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## Parties

- **Judges:** Rajasekha…; Ravikumar…; +1 more
- **Appellants:** Employees of Lok…
- **Respondents:** Lok Housing and…

## Timeline

- **2019-06-03 — Previous CIR…**: Order issued in CP 4135/IB(MB)/2018 initiating CIRP against Lok Housing & Constructions…
- **2019-08-05 — Order Dismissing…**: The court dismissed petition…

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