# M/s. KSK Wind Power Sankonahatti Athni Pvt Ltd. vs. N/A

> NCLT judgment dated 2026-09-04. Citation: TCN-2026-NCLT-00969. M/s KSK Wind Power Sankonahatti Athni Pvt Ltd., a non-operational wind power company since FY…

- **Court:** NCLT
- **Order date:** 4 Sept 2026
- **Citation:** TCN-2026-NCLT-00969
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/ms-ksk-wind-power-sankonahatti-athni-pvt-ltd-tzi1k

## Summary

### Background

M/s KSK Wind Power Sankonahatti Athni Pvt Ltd., a non-operational wind power company since FY 2021-22, filed a self-initiated Corporate Insolvency Resolution Process (CIRP) application under Section 10 of the IBC, 2016. The company reported a total default of Rs. 2,08,83,324/- to its financial and operational creditors, including an unsecured loan from INR Engineering & Infra Projects Pvt. Ltd. and dues to the Income Tax Authority. The decision to file was approved by its Board of Directors and ratified by shareholders.

## Facts

M/s KSK Wind Power Sankonahatti Athni Private Limited filed an application under Section 10 of the IBC, 2016, seeking initiation of CIRP against itself.

The Corporate Person is in default of Rs. 2,08,83,324/- owed to its financial and operational creditors.

The company, incorporated on 03.01.2011, was engaged in wind power projects but has been non-operational since FY 2021-22, incurring steady losses.

An attempt to revive the company involved an MoU dated 19.06.2025 with INR Engineering & Infra Projects Pvt. Ltd., which advanced Rs. 5,00,000/-.

A Capability Assessment Report dated 15.07.2025 indicated the Applicant did not meet required financial benchmarks, leading to the conversion of the advance into an unsecured loan.

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## Issues and analysis

### Issue 1: Whether the Corporate Person is able to prove that there is a debt and default to trigger CIRP …

**Ratio:** Under Section 10 of the IBC, if the Adjudicating Authority is satisfied that a debt and

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**Reasoning:** The Tribunal referred to the NCLAT decision in Unigreen Global Private Limited vs. PNB

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**Interpretation:** The NCLT interpreted Section 10 of the IBC in light of the NCLAT's guidance,

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**Application:** The Tribunal applied this framework to the present case, finding that the

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## Parties

- **Judges:** SHRI. RAJEEV…; SHRI. SANJA…
- **Respondents:** M/s. KSK Wind…
- **Other parties:** Siva Kumar…; INR Engineering &…; +2 more
- **Advocates:** Nikhil P…; Bendi Rav…; +2 more

## Timeline

- **2011-01-03 — Company Incor…**: M/s KSK Wind Power Sankonahatti Athni…
- **2021-03-31 — Cessation of O…**: The company became…

## 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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