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

> NCLT judgment dated 2019-08-05. Citation: TCN-2019-NCLT-02106. The case pertains to CP(IB)-2193(MB)/2019 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 5 Aug 2019
- **Citation:** TCN-2019-NCLT-02106
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lok-housing-construction-ltd-cpib-2193mb-2019-6af00c66

## Summary

### Background

The case pertains to CP(IB)-2193(MB)/2019 before the National Company Law Tribunal (NCLT), Mumbai Bench, Court - IV. The petition was filed by Employees of Lok Housing & Constructions Ltd. against Lok Housing & Constructions Ltd. The petition was related to the Insolvency and Bankruptcy Code, 2016.

## Facts

The Employees of Lok Housing & Constructions Ltd. filed a petition CP(IB)-2193(MB)/2019 against Lok Housing & Constructions Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016. The NCLT noted that Lok Housing & Constructions Ltd., the Corporate Debtor, was already undergoing CIRP based on an earlier order dated 03.06.2019 in CP 4135/IB(MB)/2018. Given the ongoing CIRP, the court considered the current petition as infructuous.

## Issues and analysis

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

**Ratio:** A petition should be dismissed as infructuous if the Corporate Debtor is already

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

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**Interpretation:** This interpretation ensures that the CIRP process is streamlined and avoids

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**Application:** The court applied this principle to the facts by dismissing the petition

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## Parties

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

## Timeline

- **2018-01-01 — Earlier CIR…**: An order was passed in CP 4135/IB(MB)/2018…
- **2019-06-03 — Order for…**: Order dated 03.06.2019 in CP 4135/IB(MB)/2018 initiating CIRP against the Corporate…

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