# In the matter of BGR Energy Systems Limited {CP(IB)-36-9-AMR-2022]

> NCLT judgment dated 2023-09-01. Citation: TCN-2023-NCLT-01797. The case involves CP(IB)/36/9/AMR/2022, which was presented before the National Company Law…

- **Court:** NCLT
- **Order date:** 1 Sept 2023
- **Citation:** TCN-2023-NCLT-01797
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bgr-energy-systems-limited-cpib-36-9-amr-2022-0e2d2a2b

## Summary

### Background

The case involves CP(IB)/36/9/AMR/2022, which was presented before the National Company Law Tribunal, Amaravati Bench. The hearing was conducted via video conference. Mr. Barnik Gosh, counsel for the OC, and Mr. Vishnu, proxy counsel for the CD, were present.

## Facts

The case CP(IB)/36/9/AMR/2022 was heard by the National Company Law Tribunal, Amaravati Bench. Mr. Barnik Gosh represented the OC (Operational Creditor), and Mr. Vishnu represented the CD (Corporate Debtor). The court dismissed CP(IB)/36/9/AMR/2022 but granted the OC the liberty to submit its claim before the IRP (Interim Resolution Professional) appointed in CP(IB)/58/9/AMR/2020, which was already admitted against the CD. The OC was also given the liberty to revive the matter if a settlement occurs between the CD and the OC in CP(IB)/58/9/AMR/2020. The dismissal of CP(IB)/36/9/AMR/2022 is contingent upon the OC's ability to pursue their claim within the existing framework of CP(IB)/58/9/AMR/2020 and the possibility of a settlement.

## Issues and analysis

### Issue 1: Whether CP(IB)/36/9/AMR/2022 should be dismissed, and whether the OC should be granted the liberty …

**Ratio:** The principle of judicial efficiency and avoiding multiplicity of proceedings supports

…

**Reasoning:** The court reasoned that since CP(IB)/58/9/AMR/2020 is already admitted against the

…

**Interpretation:** This demonstrates the court's interpretation of IBC provisions to streamline

…

**Application:** The court applied this principle by dismissing CP(IB)/36/9/AMR/2022 but

…

## Parties

- **Judges:** TELAPROLU…
- **Appellants:** Siemens L…
- **Respondents:** BGR Energy…

## Timeline

- **2023-09-01 — Hearing…**: Hearing held on…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bgr-energy-systems-limited-cpib-36-9-amr-2022-0e2d2a2b