# 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-03450. The case pertains to CP(IB)-2773(MB)/2018 before the National Company Law Tribunal, Mumbai…

- **Court:** NCLT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLT-03450
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a1-fara-s-infraprojects-pvt-ltd-cpib-2773mb-2018-9ddbf334

## Summary

### Background

The case pertains to CP(IB)-2773(MB)/2018 before the National Company Law Tribunal, Mumbai Bench. The order sheet reflects the hearing held on May 6, 2019. The matter involves RMD Kwikform India Pvt. Ltd. versus A1 Fara'sInfraprojects Pvt. Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016.

## Facts

RMD Kwikform India Pvt. Ltd. filed a case against A1 Fara'sInfraprojects Pvt. Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016. During the hearing on May 6, 2019, the Ld. Counsel of the Corporate Debtor informed the court that an admission order had already been passed on the Corporate Debtor on April 12, 2019. This admission 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). Consequently, the court directed the Petitioner, RMD Kwikform India Pvt. Ltd., to lodge its claim before the IRP. The IRP was instructed to consider the claims lodged according to the provisions of the Insolvency Code. Due to the prior admission order, the court

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## Issues and analysis

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

**Ratio:** A case becomes redundant if the relief sought has already been granted or addressed by a

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**Reasoning:** The court reasoned that since an admission order had already been passed on the Corporate

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**Interpretation:** The interpretation is that once an admission order is passed under Section 9 of

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**Application:** The ratio and reasoning were applied to the fact that an admission order had

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## Parties

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

## Timeline

- **2019-04-12 — Admission Orde…**: An admission order was passed on the Corporate Debtor under Section 9 of the I&B Code,…
- **2019-05-06 — Hearing…**: Hearing of CP(IB)-2773(MB)/2018 before the NCLT, Mumbai Bench, where the case was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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