# In the matter of AG Appliances Pvt. Ltd. CP(IB) No. 40-Chd-HP-2021

> NCLT judgment dated 2021-12-15. Citation: TCN-2021-NCLT-00163. The case pertains to CP(IB) No. 40/Chd/HP/2021 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 15 Dec 2021
- **Citation:** TCN-2021-NCLT-00163
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ag-appliances-pvt-ltd-cpib-no-40-chd-hp-2021-78c78774

## Summary

### Background

The case pertains to CP(IB) No. 40/Chd/HP/2021 filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The petitioner is Micro Laminations Pvt. Ltd., the operational creditor, and the respondent is AG Appliances Pvt. Ltd., the corporate debtor. The petitioner's counsel submitted that the present petition has become infructuous because another Corporate Insolvency Resolution Process (CIRP) petition, CP(IB) No. 223/Chd/HP/2020; Smt. Kanika Dandona Vs. AG Appliances Private Limited, against the same corporate debtor has already been admitted by the Tribunal. The petitioner has already filed its claim before the Resolution Professional in the admitted CIRP.

## Facts

Micro Laminations Pvt. Ltd. filed CP(IB) No. 40/Chd/HP/2021 against AG Appliances Pvt. Ltd. under Section 9 of the IBC, 2016, as an operational creditor. During the proceedings, the petitioner's counsel, Mr. Vishav Bharti Gupta, submitted that the petition had become infructuous. This was because another CIRP petition, CP(IB) No. 223/Chd/HP/2020; Smt. Kanika Dandona Vs. AG Appliances Private Limited, against the same corporate debtor, AG Appliances Pvt. Ltd., had already been admitted by the Hon'ble Tribunal on 2021-06-18. Furthermore, Micro Laminations Pvt. Ltd. had already filed its claim before the Resolution Professional in the admitted CIRP. The relevance of these facts is that the existence of an already admitted CIRP against the same corporate debtor renders the

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## Issues and analysis

### Issue 1: Whether the petition CP(IB) No. 40/Chd/HP/2021 should be disposed of as infructuous given that …

**Ratio:** When another Corporate Insolvency Resolution Process (CIRP) petition against the same

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**Reasoning:** The court reasoned that since another petition against the same corporate debtor had

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**Interpretation:** The interpretation is that once a CIRP has been initiated and admitted against

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**Application:** In this case, the petitioner's counsel admitted that another CIRP petition

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Micro Laminations…
- **Respondents:** AG Appliances…

## Timeline

- **2021-06-18 — Admission of another…**: CP(IB) No. 223/Chd/HP/2020; Smt. Kanika Dandona Vs. AG Appliances Private Limited was…
- **2021-12-15 — Order Da…**: The court disposed of CP(IB) No.…

## 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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