# In the matter of Acaricide India Pvt. Ltd. CP(IB) No. 376-9-HDB-2019

> NCLT judgment dated 2019-07-16. Citation: TCN-2019-NCLT-02488. The case pertains to CP(IB) No. 376/9/HDB/2019 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 16 Jul 2019
- **Citation:** TCN-2019-NCLT-02488
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/acaricide-india-pvt-ltd-cpib-no-376-9-hdb-2019-29978079

## Summary

### Background

The case pertains to CP(IB) No. 376/9/HDB/2019 before the National Company Law Tribunal (NCLT), Hyderabad Bench. An Interim Resolution Professional (IRP) was previously appointed in CP(IB) No. 540/9/HDB/2018. The respondent in the previous CP and the present CP are the same entity.

## Facts

A petition was filed under CP(IB) No. 376/9/HDB/2019. An IRP had already been appointed in CP(IB) No. 540/9/HDB/2018. The respondent in both cases is the same, Acaricide India Pvt Ltd. The petitioner, Arysta Life Sciences India Ltd, was directed to make their claim before the IRP. The case was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The court then closed CP(IB) No. 376/9/HDB/2019.

## Issues and analysis

### Issue 1: Whether the petitioner should be directed to file their claim before the IRP already appointed in a …

**Ratio:** When an IRP is already appointed in a related insolvency proceeding involving the same

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**Reasoning:** The court reasoned that since an IRP was already appointed in CP(IB) No. 540/9/HDB/2018

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**Interpretation:** This interpretation emphasizes the importance of consolidating insolvency

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**Application:** The court applied this principle by directing Arysta Life Sciences India Ltd,

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## Parties

- **Judges:** K. Anantha…
- **Appellants:** Arysta Life…
- **Respondents:** Acaricide India…

## Timeline

- **2018-01-01 — CP(IB) No. 540/9/HDB/201…**: An IRP was appointed in…
- **2019-07-16 — Hearing…**: Hearing held on 16.07.2019 at 10.30…

## 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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