# In the matter of Topworth Steel & Power Pvt. Ltd. CP(IB)-509(MB)-2019

> NCLT judgment dated 2019-08-20. Citation: TCN-2019-NCLT-01891. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 20 Aug 2019
- **Citation:** TCN-2019-NCLT-01891
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/topworth-steel-power-pvt-ltd-cpib-509mb-2019-6d68aa64

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel submitted that the petition in its present form cannot be proceeded with due to NCLAT orders regarding the insolvency of the Operational Creditor.

## Facts

Superways Enterprises Pvt. Ltd. filed a petition against Topworth Steel & Power Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel acknowledged that the petition could not proceed in its current form due to existing NCLAT orders concerning the insolvency of the Operational Creditor. Consequently, the petition was dismissed as withdrawn.

## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 can proceed given …

**Ratio:** A petition cannot proceed if it conflicts with existing orders from a higher appellate

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**Reasoning:** The court's decision to dismiss the petition as withdrawn is based on the submission by

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**Interpretation:** This highlights the principle that lower courts or tribunals must respect and

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**Application:** In this specific case, the existence of NCLAT orders concerning the insolvency

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Superways…
- **Respondents:** Topworth Steel &…

## Timeline

- **2019-08-20 — Hearing…**: Order sheet of the…
- **2019-08-20 — Order Is…**: The petition was dismissed as withdrawn due to NCLAT orders regarding the insolvency of…

## 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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