# In the matter of Adkure Technologies Pvt. Ltd. C.P.(IB)-3757(MB)-2019

> NCLT judgment dated 2021-03-03. Citation: TCN-2021-NCLT-02847. The matter was taken up through virtual hearing. The advocate for SIDBI appeared and submitted…

- **Court:** NCLT
- **Order date:** 3 Mar 2021
- **Citation:** TCN-2021-NCLT-02847
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adkure-technologies-pvt-ltd-cpib-3757mb-2019-46e478e6

## Summary

### Background

The matter was taken up through virtual hearing. The advocate for SIDBI appeared and submitted that CP No. 1201/2020 filed by the Bank u/s 7 of the IBC has been admitted by Court No. 5 of the Tribunal on 21.01.2021 against the same Corporate Debtor (Adkure Technologies Pvt. Ltd.).

## Facts

A petition was filed against Adkure Technologies Pvt Ltd. Advocate Ms. Sayli Petiwale appeared for SIDBI. CP No. 1201/2020 filed by the Bank u/s 7 of the IBC has been admitted by Court No. 5 of this Tribunal on 21.01.2021 against the same Corporate Debtor (Adkure Technologies Pvt. Ltd.). Because the petition against the same corporate debtor has already been admitted, the present petition becomes infructuous.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed as infructuous due to the admission of a prior …

**Ratio:** A petition becomes infructuous if a prior petition against the same corporate debtor has

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**Reasoning:** The court reasoned that since a prior petition under Section 7 of the IBC against the

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**Interpretation:** This interpretation means that when a corporate debtor is already undergoing

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**Application:** The court applied this principle to the present case, noting that the admission

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## Parties

- **Judges:** MOHAMMED…; Ravikumar…; +1 more
- **Respondents:** Adkure Technologie…

## Timeline

- **2021-01-21 — Admission of CP No.…**: CP No. 1201/2020 filed by the Bank u/s 7 of the IBC was admitted by Court No. 5 of the…
- **2021-03-03 — Order…**: The present petition was…

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