The company petition became infructuous upon the initiation of CIRP against the same Corporate Debtor in a separate case.

ALLAHABAD BENCH, PRAYAGRAJ

CP (IB) NO.15/ALD/2024 with IA NO.272/2024

(An application under Section 7 of the Insolvency and Bankruptcy Code, 2016 read with Rule 4 of the IBBI

(application to Adjudicating Authority) Rules, 2016.)

IN THE MATTER OF:

1. DEEPIKA CHAUBEY

D/O Om Prakash Chaubey

R/O 110C SF, Parsvnath Panchavati,

Taj Nagri Phase-II, Agra- 282001

2. DEEPAK CHAKROBORTY

S/O B.T. Chakroborty

R/O C-45, 2nd Floors

South Extension Part-II, New Delhi-110049

3. MR. SUNIL JINDAL

S/O Laxmi Chand Aggarwal

R/O 5/54, Katra Jogidas, Tazganj,

Agra, U.P.-282001

4. CHHAVI AGARWAL

R/O C-334, SFS Flats, Sheikh Sarai Phase-I,

Malviya Nagar, South Delhi,

New Delhi-110017

5. TUSHAR JINDAL S/O Mr. Sunil Jindal

R/O 5/54, Katra Jogidas, Tazganj,

Agra, U.P.-282001

6. SHEFALI AGARWAL W/O Mahesh Chandra Agarwal R/O 2-E GF, Parsvnath Panchvati, Taj Nagri, Phase-II Agra-282001 ………Financial Creditors Versus M/S NHA INFRABUILD PVT. LTD.

(Formerly Known As Nikhil Homes Associates)

Registered Address- Jay-Pee Hotel TV Tower, 125 Wide Link Road, Taj Nagri, Phase-II Agra, Uttar Pradesh ……..Corporate Debtor/Respondent AND IN THE MATTER OF:

IA NO.272/2024 (An application under Section 65 of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of NCLT Rules, 2016.)

1. NITIN AGARWAL S/O Mr. Purushottam Agarwal R/O D-571, Kamla Nagar, Agra-282005

2. ASIT UPADHYAYA S/O Late Shri Laxmi Narain Upadhyaya R/O 23/164, Wazirpura Holy Crossing, Agra-282002 ………..Applicants Versus

1. M/S NHA INFRABUILD PRIVATE LIMITED CIN: U45201UP2022PTC168820 Having Its Registered Office At:

KH NO.210 Mauja Chamrauli Taj Nagri Phase-II Shamshabad Fatehabad Road, Agra, U.P.-282001 IN.

Email: nikhilgarg29@hotmail.com ……....Respondent No.1/Corporate Debtor

2. DEEPIKA CHAUBEY D/O Om Prakash Chaubey R/O 110C SR, Parsvnath Panchavati, Taj Nagri Phase-II, Agra- 282002 …….…..Respondent No.2 Order pronounced on 31.01.2025 Coram:

Mr. Praveen Gupta. : Member (Judicial)

Mr. Ashish Verma : Member (Technical)

Appearances:

Sh. Sunder Khatri, with : For the Financial Creditor Mrs. Sushmita Mukherjee, Advs.

Sh. Ruchir Batra, Adv. : For the Corporate Debtor Sh. Abhishek Anand with : For Applicant in Sh. Sudhanshu Prakash & IA No.272/2024 Ms. Anisha Agarwal, Advs.

ORDER

1. This Application filed u/s 7 of the Code, was reserved on

10.12.2024.

2. There was another application against the same very Corporate Debtor filed under section 7 bearing C.P. No. (IB) No.11/ALD/2024 titled as Asit Upadhyaya & Ors. versus NHA Infrabuild Pvt. Ltd. along with I.A No.

250/2024 which was also reserved earlier on

02.12.2024.

3. The judgement in the case of C.P. (IB) No.11/ALD/2024 titled as Mr. Asit Upadhaya versus NHA Infrabuild Pvt. Ltd. has been pronounced on 31.01.2025, whereby the petition filed U/s 7 of the Code has been admitted and CIRP has been initiated against the Corporate Debtor.

4. Since, the present C.P. (IB) No.15/ALD/2024 titled as Deepak Chaubey & Ors. versus NHA Infrabuild Pvt. Ltd. along with I.A No. 272/2024 has also been filed against the same very Corporate Debtor in which as aforesaid the CIRP has already been ordered to be initiated vide order dated 31.01.2025, therefore the present company petition has become infructuous. The same is disposed of as such. The connected I.A. No. 272/2024 also stands disposed of accordingly. Thus, the Petitioner/ Applicant in the present CP No. 15/ALD/2024 would be at liberty to lodge his claim before the IRP/ RP in accordance with law.

5. The Petitioner/ Applicant will also be entitled to revive the present company petition if for, any reasons, the CIRP initiated against the Corporate Debtor by virtue of our order dated 31.01.2025 in the matter of Asit Upadhaya & Ors. versus M/s NHA Infrabuild Homes Pvt. Ltd. CP No.

11/ALD/2024 does not continue or survive.

6. Ordered accordingly.

(Ashish Verma) (Praveen Gupta)

Member (Technical) Member (Judicial)

Date:- 31.01.2025