# In the matter of NSP Hospitech India Pvt. Ltd.

> NCLT judgment dated 2019-02-08. Citation: TCN-2019-NCLT-04957. This case involves an application filed under Section 22(3) read with Section 60(5)(c) of the…

- **Court:** NCLT
- **Order date:** 8 Feb 2019
- **Citation:** TCN-2019-NCLT-04957
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nsp-hospitech-india-pvt-ltd-2d592d6f

## Summary

### Background

This case involves an application filed under Section 22(3) read with Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016, seeking directions for the continuation of one of the two Interim Resolution Professionals (IRPs). The issue arose because a petition against the corporate debtor, NSP Hospitech India Private Limited, was admitted on 04.12.2018 by the Second Bench under Section 9 of the IBC. Subsequently, on 12.12.2018, the Principal Bench also admitted a petition against the same corporate debtor filed by L & T Finance Limited under Section 7 of the IBC. The court notes that the second admission could have been avoided if the earlier admission had been brought to their attention.

## Facts

On 04.12.2018, a petition against NSP Hospitech India Private Limited was admitted by the Second Bench of the NCLT under Section 9 of the IBC. Subsequently, on 12.12.2018, the Principal Bench also admitted a petition against the same corporate debtor, NSP Hospitech India Private Limited, filed by L & T Finance Limited under Section 7 of the IBC. Mr. Mukesh Kumar Grover was appointed as the IRP in the earlier proceeding and had already taken over the affairs of the company. The application before the court seeks directions for the continuation of one of the two IRPs, highlighting the procedural irregularity of admitting two separate petitions against the same corporate debtor.

## Issues and analysis

### Issue 1: Whether the admission of two separate insolvency petitions against the same corporate debtor is …

**Ratio:** The Insolvency and Bankruptcy Code, 2016 aims to provide a streamlined and efficient

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**Reasoning:** The court notes that the second admission could have been avoided if the fact of the

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**Interpretation:** The interpretation of the IBC suggests that the intention is to have a single,

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**Application:** In this case, the court implicitly acknowledges the procedural irregularity by

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## Parties

- **Judges:** M. M. K…; Pradeep R.…
- **Appellants:** L & T Finan…
- **Respondents:** NSP Hospitech…; NSP Hospitech…

## Timeline

- **2018-12-04 — First Petition…**: A petition against NSP Hospitech India Private Limited was admitted by the Second Bench…
- **2018-12-12 — Second Petition…**: A petition against the same corporate debtor, NSP Hospitech India Private Limited, was…

## 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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