# In the matter of A1 Fara' s Infraprojects Pvt. Ltd. CP(IB)-2773(MB)-2018

> NCLT judgment dated 2019-05-06. Citation: TCN-2019-NCLT-03456. The case pertains to CP(IB)-2773(MB)/2018 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLT-03456
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a1-fara-s-infraprojects-pvt-ltd-cpib-2773mb-2018-11f09cc3

## Summary

### Background

The case pertains to CP(IB)-2773(MB)/2018 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The order sheet reflects the hearing at the Mumbai Bench of the National Company Law Tribunal on May 6, 2019. The Corporate Debtor's counsel informed the court that an admission order had already been passed under Section 9 of the I&B Code on April 12, 2019, leading to the commencement of CIRP and the appointment of IRP Mr. Anish Gupta.

## Facts

RMD Kwikform India Pvt. Ltd. filed CP(IB)-2773(MB)/2018 against A1 Fara'sInfraprojects Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. During the hearing on May 6, 2019, the Corporate Debtor's counsel informed the NCLT Mumbai Bench that an admission order had already been passed under Section 9 of the I&B Code on April 12, 2019. This prior order led to the commencement of the Corporate Insolvency Resolution Process (CIRP) and the appointment of Mr. Anish Gupta as the Interim Resolution Professional (IRP). The Petitioner was directed to lodge its claim before the IRP, and the IRP was instructed to consider the claims as per the Insolvency Code. Consequently, CP(IB)-2773(MB)/2018 was disposed of as redundant.

## Issues and analysis

### Issue 1: Whether CP(IB)-2773(MB)/2018 should be disposed of as redundant given that an admission order has …

**Ratio:** When an admission order has already been passed under Section 9 of the I&B Code, and

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**Reasoning:** The court reasoned that since an admission order had already been passed, and CIRP had

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**Interpretation:** This interpretation clarifies that once the insolvency process is initiated

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**Application:** In this case, the Corporate Debtor's counsel informed the court that an

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** RMD Kwikform…
- **Respondents:** A1 Fara'sInfraproj…

## Timeline

- **2018-01-01 — Case Fil…**: CP(IB)-2773(MB)/2018…
- **2019-04-12 — Admission Orde…**: An admission order was passed…

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