# In the matter of Amrit Feeds Ltd. CP (IB) No. 1135-KB-2018

> NCLT judgment dated 2019-01-31. Citation: TCN-2019-NCLT-05078. The case pertains to C.P. (IB) No. 1135/KB/2018 before the National Company Law Tribunal,…

- **Court:** NCLT
- **Order date:** 31 Jan 2019
- **Citation:** TCN-2019-NCLT-05078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrit-feeds-ltd-cp-ib-no-1135-kb-2018-9e9edf67

## Summary

### Background

The case pertains to C.P. (IB) No. 1135/KB/2018 before the National Company Law Tribunal, Kolkata Bench. An order dated 15/01/2019 was passed in C.P. (IB) No. 333/KB/2018, admitting a Corporate Insolvency Resolution Process against the Corporate Debtor. The current application is being considered in light of the prior admission of CIRP.

## Facts

Vinay Kumar Periwal filed an application against Amrit Feeds Ltd. The Corporate Insolvency Resolution Process (CIRP) had already been admitted against Amrit Feeds Ltd. via an order dated 15/01/2019 in C.P. (IB) No. 333/KB/2018. The court noted that the current application may not be maintainable under Section 11 of the I&B Code, 2016, given the existing CIRP. Representatives for the Operational Creditor and the Director of the Corporate Debtor were present during the hearing.

## Issues and analysis

### Issue 1: Whether the application is maintainable considering the Corporate Insolvency Resolution Process has …

**Ratio:** An application may not be maintainable if a Corporate Insolvency Resolution Process has

…

**Reasoning:** The court reasoned that since a CIRP had already been initiated and admitted against the

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**Interpretation:** Section 11 of the I&B Code, 2016, outlines the ineligibility criteria for

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**Application:** Given that C.P. (IB) No. 333/KB/2018 had already admitted CIRP against Amrit

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Vinay Kumar…
- **Respondents:** Amrit Feed…

## Timeline

- **2019-01-15 — Order passed in C.P.…**: Corporate Insolvency Resolution Process…
- **2019-01-31 — Hearing…**: Hearing on the application where the court…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11 — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

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