# In the matter of PK Infrastructure LLP C.P. (IB)-169(KB)2022

> NCLT judgment dated 2022-09-22. Citation: TCN-2022-NCLT-00961. Piramal Capital & Housing Finance Limited filed an application under Section 7 of the…

- **Court:** NCLT
- **Order date:** 22 Sept 2022
- **Citation:** TCN-2022-NCLT-00961
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/pk-infrastructure-llp-cp-ib-169kb2022-997bb9bd

## Summary

### Background

Piramal Capital & Housing Finance Limited filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) against PK Infrastructure LLP. The application was based on documents from NESL, specifically page 145. However, the Corporate Debtor, PK Infrastructure LLP, argued that it was wrongly impleaded.

## Facts

Piramal Capital & Housing Finance Limited initiated proceedings under Section 7 of the IBC against PK Infrastructure LLP, citing documents from NESL. PK Infrastructure LLP contested the application, asserting that it was incorrectly named as the Corporate Debtor. The Corporate Debtor's counsel highlighted that page 145 of the NESL report referred to PK Infraestate LLP, a different entity, and the address listed on the same page corresponded to Lucknow, Uttar Pradesh. The court reviewed the records and determined that the Corporate Debtor had been wrongly arrayed in the petition. This discrepancy led the court to conclude that the petition was not maintainable against PK Infrastructure LLP.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor, PK Infrastructure LLP, was correctly arrayed in the petition filed …

**Ratio:** A petition under Section 7 of the IBC must correctly identify the Corporate Debtor

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**Reasoning:** The court reasoned that the records, specifically page 145 of the NESL report, indicated

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**Interpretation:** The court interpreted the requirement of correctly identifying the Corporate

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

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## Parties

- **Judges:** Rohit K…; Balraj…; +1 more
- **Appellants:** PIRAMAL CAPITAL &…
- **Respondents:** PK Infrastructure…

## Timeline

- **2022-09-22 — Hearing…**: Hearing on the matter held on…

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