# In the matter of Kailash Parbat Hospitality Pvt. Ltd. C.P. (IB)-288(MB)2021

> NCLT judgment dated 2022-11-17. Citation: TCN-2022-NCLT-00414. The case pertains to a Company Petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 17 Nov 2022
- **Citation:** TCN-2022-NCLT-00414
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kailash-parbat-hospitality-pvt-ltd-cp-ib-288mb2021-2852e006

## Summary

### Background

The case pertains to a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was filed by Shree Ayyappa Milk Centre against M/S. Kailash Parbat Hospitality Pvt. Ltd. The court convened through video conference.

## Facts

Shree Ayyappa Milk Centre filed a Company Petition against M/S. Kailash Parbat Hospitality Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. The court noted that the petition was filed below the threshold limit prescribed by a notification from the Ministry of Corporate Affairs dated 2020-03-24. The operational creditor was represented by Mr. Pritesh Burad, while the corporate debtor had no representation. The court dismissed the petition, allowing the petitioner to approach other legal avenues.

## Issues and analysis

### Issue 1: Whether the Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is …

**Ratio:** A Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is

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**Reasoning:** The court reasoned that the present Company Petition was filed below the threshold limit

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**Interpretation:** The interpretation of Section 9 of the Insolvency and Bankruptcy Code, 2016, in

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**Application:** In this case, the court applied the ratio by determining that the petition

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## Parties

- **Judges:** Manoj Kumar…; KISHORE VEMULAPALL…
- **Appellants:** Shree Ayyappa…
- **Respondents:** M/S. Kailash…
- **Advocates:** Pritesh…

## Timeline

- **2020-03-24 — Notificatio…**: Ministry of Corporate…
- **2022-11-17 — Hearing…**: Order sheet of the…

## 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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