# KSK Wind Energy Private Limited vs. N/A

> NCLT judgment dated 2026-06-12. Citation: TCN-2026-NCLT-00561. KSK Wind Energy Private Limited (Corporate Debtor/CD) filed an application under Section 10 of…

- **Court:** NCLT
- **Order date:** 12 Jun 2026
- **Citation:** TCN-2026-NCLT-00561
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/ksk-wind-energy-private-limited-puq7c

## Summary

### Background

KSK Wind Energy Private Limited (Corporate Debtor/CD) filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC) for the initiation of Corporate Insolvency Resolution Process (CIRP). The CD defaulted on Optionally Convertible Redeemable Debentures (OCRDs) issued to Mithra Venture Projects and Investments LLP and an Inter-Corporate Deposit (ICD) obtained from KSK Electricity Financing India Private Limited. The CD, a wholly-owned subsidiary of KSK Energy Ventures Limited (KSKEVL) which underwent liquidation, faced financial difficulties despite efforts by new shareholders to revive its operations, leading to insufficient income to service its liabilities.

## Facts

M/s. KSK Wind Energy Private Limited (Corporate Debtor/CD) filed an application seeking initiation of Corporate Insolvency Resolution Process (CIRP) under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC).

The CD was incorporated on 07.10.2005 with CIN: U40109TG2005PTC047721 and is involved in the business of production, collection, and distribution of electricity.

In FY 2013-14, the CD issued 2,10,00,000 Optionally Convertible Redeemable Debentures (OCRDs) of Rs. 10/- each to Mithra Venture Projects and Investments LLP, which were repayable on 20.02.2024, and the CD defaulted on their redemption.

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## Issues and analysis

### Issue 1: Whether the applicant is a Corporate …

**Ratio:** The Corporate Debtor, KSK Wind Energy Private Limited, is the Corporate Applicant and

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**Reasoning:** The document explicitly states that the application was filed by M/s. KSK Wind Energy

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**Interpretation:** Section 10 of the IBC allows a 'corporate applicant' to initiate the Corporate

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**Application:** KSK Wind Energy Private Limited, being the Corporate Debtor, is a Corporate

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## Parties

- **Judges:** SHRI. RAJEEV…; SHRI. SANJA…
- **Respondents:** KSK Wind Energy…
- **Other parties:** Committee of…; Mr Prashanth…; +3 more
- **Advocates:** Nikhil P…

## Timeline

- **2005-10-07 — Incorporation of…**: KSK Wind Energy Private…
- **2013-14 — Issuance of De…**: The CD issued 2,10,00,000 Optionally Convertible Redeemable Debentures (OCRDs) to Mithra…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(12) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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