# In the matter of Agron India Ltd. C.P.(IB)-3007(MB)-2018

> NCLT judgment dated 2020-01-10. Citation: TCN-2020-NCLT-02366. The case pertains to C.P.(IB)-3007(MB)/2018 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 10 Jan 2020
- **Citation:** TCN-2020-NCLT-02366
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/agron-india-ltd-cpib-3007mb-2018-5257ab20

## Summary

### Background

The case pertains to C.P.(IB)-3007(MB)/2018 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. It was brought to the court's notice that CIRP had already been initiated against the Corporate Debtor vide order dated 20.12.2019 in CP(IB)-4596(MB)/2018, and an IRP has been appointed.

## Facts

Mittal Energies of India filed a petition against Agron India Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. Prior to the hearing of this petition, CIRP had already been initiated against Agron India Ltd. (the Corporate Debtor) vide order dated 20.12.2019 in CP(IB)-4596(MB)/2018. An Interim Resolution Professional (IRP) had also been appointed in the earlier CIRP. The court noted that the current petition, C.P.(IB)-3007(MB)/2018, had become infructuous as a result of the prior CIRP initiation. The Operational Creditor was granted liberty to file its claim before the IRP already appointed.

## Issues and analysis

### Issue 1: Whether the petition C.P.(IB)-3007(MB)/2018 should be dismissed as infructuous given that CIRP has …

**Ratio:** A petition becomes infructuous if the relief sought is already addressed or rendered

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**Reasoning:** The court reasoned that since CIRP had already been initiated against the Corporate

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**Interpretation:** The legal principle is that courts should avoid duplicating proceedings and

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**Application:** The court applied this principle to the facts by dismissing the petition

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## Parties

- **Judges:** Rajasekha…; Ravikumar…; +1 more
- **Appellants:** Mittal Energies…
- **Respondents:** Agron Indi…

## Timeline

- **2019-12-20 — CIRP Init…**: CIRP initiated against the Corporate Debtor, Agron India Ltd., vide order dated…
- **2020-01-10 — Order Sheet of…**: Hearing held on 10.01.2020, where the court dismissed the petition C.P.(IB)-3007(MB)/2018…

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