# In the matter of Samiah International Builders Limited IA. 2001-ND-2022 in Company Petition No. (IB)-945(ND)-2019

> NCLT judgment dated 2022-09-20. Citation: TCN-2022-NCLT-01000. The present IA No. 2001 of 2022 was filed by M/s Samiah International Builders Limited,…

- **Court:** NCLT
- **Order date:** 20 Sept 2022
- **Citation:** TCN-2022-NCLT-01000
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/samiah-international-builders-limited-ia-2001-nd-2022-in-company-petition-no-ib-c4266eec

## Summary

### Background

The present IA No. 2001 of 2022 was filed by M/s Samiah International Builders Limited, referred to as the 'Applicant/Corporate Debtor', under Rule 60(5) read with Regulations 39 of IBBI (Liquidation Process) 2016, read with Rule 11 of the NCLT Rules, 2016, seeking reliefs including dismissing the matter in question as not maintainable/barred under Section 7 of the Insolvency and Bankruptcy Code, 2016, and issuing any other order or directions the Tribunal deems fit.

## Facts

M/s. Samiah International Builders Limited, formerly known as Samiah International Builders Pvt. Ltd., filed IA No. 2001 of 2022. This application was made under Rule 60(5) read with Regulations 39 of IBBI (Liquidation Process) 2016, and Rule 11 of the NCLT Rules, 2016. The applicant sought the dismissal of the matter as not maintainable under Section 7 of the Insolvency and Bankruptcy Code, 2016. The court noted that IB-945/ND/2019 had already been dismissed via a separate order dated 20.09.2022. Habib Sheikh and others are listed as respondents/financial creditors in the main Company Petition No. (IB)-945(ND)/2019.

## Issues and analysis

### Issue 1: Whether the matter in question is maintainable/barred as per Section 7 of the Insolvency and …

**Ratio:** The ratio is that if a related matter (IB-945/ND/2019) has already been dismissed, the

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**Reasoning:** The court reasoned that since the related IB-945/ND/2019 had been dismissed, the current

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**Interpretation:** This legal issue concerns the maintainability of an application under the IBC

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**Application:** In this specific case, because IB-945/ND/2019 was dismissed, the court did not

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## Parties

- **Judges:** Sh. Dharminder…; SH. L. N.…
- **Appellants:** Habib S…
- **Respondents:** Samiah Internation…

## Timeline

- **2019-01-01 — Company Petiti…**: Company Petition No.…
- **2022-01-01 — IA No. 2001…**: IA No. 2001 of 2022 was filed by M/s…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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