# In the matter of ADI Automotives Pvt. Ltd. & Anr. CP (IB) No. 633-Chd-Hry-2019

> NCLT judgment dated 2020-01-22. Citation: TCN-2020-NCLT-02221. The case involves a Corporate Insolvency Resolution Process (CIRP) initiated under Section 9 of…

- **Court:** NCLT
- **Order date:** 22 Jan 2020
- **Citation:** TCN-2020-NCLT-02221
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adi-automotives-pvt-ltd-anr-cp-ib-no-633-chd-hry-2019-0d33282d

## Summary

### Background

The case involves a Corporate Insolvency Resolution Process (CIRP) initiated under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Gonsai Logistics Pvt. Ltd. (Operational Creditor) against ADI Automotives Pvt. Ltd. & Anr. (Corporate Debtor). Another CP (IB) No. 259/Chd/Hry/2019 filed by S K Uni Print Private Limited against the same respondent/corporate debtor has already been admitted by the Adjudicating Authority.

## Facts

Gonsai Logistics Pvt. Ltd. filed a CP (IB) No. 633/Chd/Hry/2019 under Section 9 of the Insolvency and Bankruptcy Code, 2016, against ADI Automotives Pvt. Ltd. & Anr. for initiation of CIRP. During the hearing, it was brought to the court's attention that another CP (IB) No. 259/Chd/Hry/2019 filed by S K Uni Print Private Limited against the same respondent/corporate debtor had already been admitted by the Adjudicating Authority on 08.01.2020. The court also noted that a moratorium had been declared and an Interim Resolution Professional had been appointed in the previously admitted case. Given the prior admission of another CIRP application against the same corporate debtor, the court decided to dispose of the current application.

## Issues and analysis

### Issue 1: Whether the instant CP (IB) No. 633/Chd/Hry/2019 should be admitted when another CP against the …

**Ratio:** When another CIRP application against the same corporate debtor has already been

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**Reasoning:** The court reasoned that since another CIRP application (CP (IB) No. 259/Chd/Hry/2019)

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**Interpretation:** The interpretation of the Insolvency and Bankruptcy Code, 2016, suggests that

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**Application:** In this case, since CP (IB) No. 259/Chd/Hry/2019 had already been admitted

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Appellants:** Gonsai Logistics…
- **Respondents:** ADI Automotives…

## Timeline

- **2019-01-01 — CP (IB)…**: CP (IB) No. 633/Chd/Hry/2019 filed by Gonsai Logistics Pvt. Ltd. against ADI Automotives…
- **2020-01-08 — Prior CP Ad…**: CP (IB) No. 259/Chd/Hry/2019 filed by S K Uni Print Private Limited against ADI…

## 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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