# In the matter of You Seong Sang Sa India Construction Private Limited CP(IB)-88(CHE)-2021

> NCLT judgment dated 2021-10-01. Citation: TCN-2021-NCLT-00921. The case pertains to CP(IB)/88(CHE)/2021 filed under Section 9 Rule 6 of IBC, 2016. The…

- **Court:** NCLT
- **Order date:** 1 Oct 2021
- **Citation:** TCN-2021-NCLT-00921
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/you-seong-sang-sa-india-construction-private-limited-cpib-88che-2021-17153e30

## Summary

### Background

The case pertains to CP(IB)/88(CHE)/2021 filed under Section 9 Rule 6 of IBC, 2016. The petitioner is Erecon Spaces Private Limited, and the respondent is You Seung Sang Sa India Construction Private Limited. An earlier application, IBA/796/2020 filed by Ms. Monika Gupta against the Corporate Debtor (M/s. You Seung Sang Sa India Construction Pvt. Ltd.) was admitted by the Adjudicating Authority on 2021-08-09 for CIR Process. Mr. Harsh Garg was appointed as Interim Resolution Professional.

## Facts

Erecon Spaces Private Limited filed a petition CP(IB)/88(CHE)/2021 against You Seung Sang Sa India Construction Private Limited under Section 9 Rule 6 of IBC, 2016. The petitioner's counsel was present during the hearing, but the respondent had no representation. Previously, IBA/796/2020 filed by Ms. Monika Gupta against You Seung Sang Sa India Construction Private Limited was admitted for CIR process on 2021-08-09, and Mr. Harsh Garg was appointed as the Interim Resolution Professional. The court allowed Erecon Spaces Private Limited to file a claim application before the IRP/RP within two weeks.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to …

**Ratio:** The legal principle applied is based on the court's discretion to facilitate the

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**Reasoning:** The court reasoned that allowing the petitioner to file a claim application would

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**Interpretation:** The interpretation involves understanding the IBC's objective to consolidate

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**Application:** Given the ongoing CIR process initiated by Ms. Monika Gupta's application, the

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** Erecon Spaces…
- **Respondents:** You Seung Sang Sa…; You Seung Sang Sa…

## Timeline

- **2021-10-01 — Hearing…**: Hearing held on 2021-10-01 at 10:30…
- **2021-08-09 — Admission of IBA/796/202…**: IBA/796/2020 filed by Ms. Monika Gupta against You Seung Sang Sa India Construction Pvt.…

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