# In the matter of Raheja Developers Ltd. C.P. No. IB-1994(PB)-2019

> NCLT judgment dated 2019-08-26. Citation: TCN-2019-NCLT-01774. The case involves a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 26 Aug 2019
- **Citation:** TCN-2019-NCLT-01774
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/raheja-developers-ltd-cp-no-ib-1994pb-2019-395e235c

## Summary

### Background

The case involves a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, regarding a corporate debtor. A prior petition by Shilpa Jain & anr. v. Raheja Developers Limited, [(IB)-1321(PB)/2018] was already admitted on 20.08.2019. The current petition, filed by Mr. Tuhin Gupta & anr., seeks to initiate another Corporate Insolvency Process against a corporate debtor already undergoing a corporate insolvency resolution process.

## Facts

Mr. Tuhin Gupta & anr. filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016. Raheja Developers Ltd. is the respondent. A prior insolvency petition against Raheja Developers Limited filed by Shilpa Jain & anr. was already admitted on 20.08.2019. Section 11 of the Code states that another Corporate Insolvency Process cannot be initiated against a corporate debtor already undergoing such a process. The petitioners are entitled to file their claim before the Insolvency Professional, Mr. Jitesh Gupta.

## Issues and analysis

### Issue 1: Whether another Corporate Insolvency Process can be initiated against a corporate debtor already …

**Ratio:** Section 11 of the Insolvency and Bankruptcy Code, 2016, prohibits the initiation of

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**Reasoning:** The Tribunal reasoned that since Raheja Developers Limited was already undergoing a

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**Interpretation:** Section 11 is interpreted to prevent parallel insolvency proceedings against

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**Application:** Given that Raheja Developers Limited was already subject to a corporate

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## Parties

- **Judges:** DEEPTI M…; SH. S.K MOH…
- **Appellants:** Tuhin G…
- **Respondents:** Raheja Developers…; M/s. Raheja…

## Timeline

- **2018-01-01 — Prior Pet…**: Shilpa Jain & anr. filed a petition [(IB)-1321(PB)/2018] against Raheja Developers…
- **2019-08-20 — Admission of Prior…**: The petition filed by Shilpa Jain &…

## 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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