# 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-00159. The case involves a petition filed by Micro Laminations Pvt. Ltd. against AG Appliances Pvt.…

- **Court:** NCLT
- **Order date:** 15 Dec 2021
- **Citation:** TCN-2021-NCLT-00159
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ag-appliances-pvt-ltd-cpib-no-40-chd-hp-2021-dd30595b

## Summary

### Background

The case involves a petition filed by Micro Laminations Pvt. Ltd. against AG Appliances Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The petitioner is an operational creditor, and the respondent is the corporate debtor. The petition was presented through video conferencing.

## Facts

Micro Laminations Pvt. Ltd. filed a petition (CP(IB) No. 40/Chd/HP/2021) against AG Appliances Pvt. Ltd. under Section 9 of the IBC, 2016, as an operational creditor. However, another petition (CP(IB) No. 223/Chd/HP/2020) filed by Smt. Kanika Dandona against the same corporate debtor, AG Appliances Private Limited, had already been admitted by the Tribunal on 2021-06-18. Micro Laminations Pvt. Ltd. has also filed its claim before the Resolution Professional. Because of the prior admission of another petition, the current petition was deemed infructuous.

## Issues and analysis

### Issue 1: Whether the petition filed by Micro Laminations Pvt. Ltd. should be disposed of as infructuous …

**Ratio:** When a corporate insolvency resolution process has already been initiated against a

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

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**Interpretation:** The interpretation is that once a CIRP is initiated, all claims against the

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**Application:** The ratio and reasoning were applied to the facts by disposing of the petition

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## Parties

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

## Timeline

- **2021-06-18 — Admission of Prior…**: CP(IB) No. 223/Chd/HP/2020 filed by Smt. Kanika Dandona against AG Appliances Private…
- **2021-12-15 — Disposal of P…**: CP(IB) No. 40/Chd/HP/2021 filed by Micro Laminations Pvt. Ltd. was disposed of as…

## 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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