# M/s. KSK Wind Energy Mothalli Haveri Pvt Ltd. vs. N/A

> NCLT judgment dated 2026-09-04. Citation: TCN-2026-NCLT-00920. M/s. KSK Wind Energy Mothalli Haveri Private Limited (Corporate Applicant/Debtor) filed a…

- **Court:** NCLT
- **Order date:** 4 Sept 2026
- **Citation:** TCN-2026-NCLT-00920
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/ms-ksk-wind-energy-mothalli-haveri-pvt-ltd-wyaal

## Summary

### Background

M/s. KSK Wind Energy Mothalli Haveri Private Limited (Corporate Applicant/Debtor) filed a Company Petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against itself. The company cited default in payment of its financial and operational debts. It has been non-operational since FY 2021-22, incurring continuous losses, and possesses NIL realisable assets. As of November 30, 2025, the total outstanding debt is INR 1,85,27,088/-, which the Corporate Applicant is unable to discharge. This includes financial debt to M/s. INR Engineering & Infra Projects Pvt. Ltd. and operational debt to the Income Tax Department. The Board of Directors and shareholders duly authorized the filing of this

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## Facts

M/s. KSK Wind Energy Mothalli Haveri Private Limited (Corporate Applicant/Debtor) filed a Company Petition under Section 10 of the IBC, 2016, seeking initiation of CIRP against itself.

The Corporate Applicant has committed default in payment of its financial and operational debts.

The Corporate Applicant was incorporated on December 29, 2010, under the Companies Act, 1956.

Its business involves production, collection, and distribution of electricity from non-conventional sources and operation/maintenance of private sector power projects.

The nominal share capital is INR 2,60,00,000/- and the paid-up share capital is INR 2,55,44,950/-.

The Corporate Applicant is a step-down subsidiary of KSK Energy Ventures Limited (KSKEVL) through KSK Electricity Finance Limited (KEFL).

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## Issues and analysis

### Issue 1: Whether the Company Petition filed by KSK Wind Energy Mothalli Haveri Private Limited under Section …

**Ratio:** An application for initiating CIRP by a corporate applicant under Section 10 of the IBC,

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**Reasoning:** The NCLT heard the Learned Counsel for the Corporate Applicant and perused all material

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**Interpretation:** The term "complete in all respects" implies that the application

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**Application:** The NCLT found that the application in Form-6 was complete in all respects and

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## Parties

- **Judges:** SHRI. RAJEEV…; SHRI. SANJA…
- **Appellants:** M/s. KSK Wind…
- **Respondents:** KSK Wind Energy…
- **Other parties:** Siva Kumar…; M/s. INR Engineeri…; +2 more
- **Advocates:** Bendi Rav…; Vakiti Vineeth…; +1 more

## Timeline

- **2010-12-29 — Incorporation of…**: The Corporate Applicant, M/s. KSK Wind Energy Mothalli Haveri Private Limited, was…
- **2021-04-28 — Liquidation of Parent…**: KSK Energy Ventures Limited (KSKEVL), the step-down subsidiary's parent company, was sold…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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