# In the matter of S. D. Engineerstech Pvt. Ltd. IB-86-ND-2022

> NCLT judgment dated 2022-10-07. Citation: TCN-2022-NCLT-00820. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC),…

- **Court:** NCLT
- **Order date:** 7 Oct 2022
- **Citation:** TCN-2022-NCLT-00820
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/s-d-engineerstech-pvt-ltd-ib-86-nd-2022-09782d4a

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016 by M/s. BSL Castings Pvt. Ltd. against M/s. S.D. Engineerstech Pvt. Ltd. The Operational Creditor filed the application seeking initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. However, the Corporate Debtor was already subjected to CIRP in another case.

## Facts

M/s. BSL Castings Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. S.D. Engineerstech Pvt. Ltd. The application was filed because M/s. S.D. Engineerstech Pvt. Ltd. allegedly defaulted on its debt to M/s. BSL Castings Pvt. Ltd. However, during the hearing, it was brought to the court's attention that M/s. S.D. Engineerstech Pvt. Ltd. was already subjected to CIRP vide order dated 06.10.2022 in Court No. IV, New Delhi in Company Petition No. (IB)-279/(ND)/2022 titled as M/s. Nancy Ispat Private Limited vs. M/s. S.D. Engineers Tech Private Limited. Advocate Srishti Bajpai appeared on behalf of the Corporate Debtor and submitted that the Corporate

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## Issues and analysis

### Issue 1: Whether the Section 9 application of the Operational Creditor can be continued when the Corporate …

**Ratio:** The principle of avoiding multiplicity of proceedings and ensuring efficient resolution

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**Reasoning:** The court reasoned that allowing the Section 9 application to continue would be redundant

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**Interpretation:** This interpretation aligns with the objective of the IBC to provide a

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**Application:** In this case, since M/s. S.D. Engineerstech Pvt. Ltd. was already subjected to

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## Parties

- **Judges:** P.S.N. P…; RAHUL BHA…
- **Appellants:** M/s. BSL Castings…
- **Respondents:** M/s. S.D.…

## Timeline

- **2022-10-06 — CIRP Ord…**: Corporate Debtor subjected to CIRP vide order dated 06.10.2022 in Court No. IV, New Delhi…
- **2022-10-07 — Order Del…**: Order delivered on 07.10.2022 (Virtual…

## 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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