# 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-02216. The case involves a Corporate Insolvency Resolution Process (CIRP) initiated against ADI…

- **Court:** NCLT
- **Order date:** 22 Jan 2020
- **Citation:** TCN-2020-NCLT-02216
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adi-automotives-pvt-ltd-anr-cp-ib-no-633-chd-hry-2019-cac76c4c

## Summary

### Background

The case involves a Corporate Insolvency Resolution Process (CIRP) initiated against ADI Automotives Pvt. Ltd. by Gonsai Logistics Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. A prior CIRP application against the same corporate debtor, filed by S K Uni Print Private Limited, was already admitted by the Adjudicating Authority.

## Facts

Gonsai Logistics Pvt. Ltd. filed a CP (IB) application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against ADI Automotives Pvt. Ltd. for initiation of CIRP. Previously, S K Uni Print Private Limited, another operational creditor, had filed a CP (IB) application (CP (IB) No. 259/Chd/Hry/2019) against the same corporate debtor, ADI Automotives Pvt. Ltd., which was admitted by the Adjudicating Authority on 08.01.2020. Consequently, a moratorium was declared, and an Interim Resolution Professional was appointed. The current application was taken up for hearing on an unspecified date.

## Issues and analysis

### Issue 1: Whether the instant CP filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, should be …

**Ratio:** When a CIRP has already been initiated against a corporate debtor based on an application

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**Reasoning:** The court reasoned that since a CIRP had already been initiated and a moratorium

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**Interpretation:** The interpretation of the Insolvency and Bankruptcy Code is that once a CIRP is

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**Application:** In this case, since S K Uni Print Private Limited's application had already

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## Parties

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

## Timeline

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

## 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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