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

> NCLT judgment dated 2019-01-31. Citation: TCN-2019-NCLT-05085. 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-05085
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrit-feeds-ltd-cp-ib-no-1135-kb-2018-f2349198

## 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 the Corporate Insolvency Resolution Process against the Corporate Debtor. The current application is being considered in light of the previous order.

## Facts

Vinay Kumar Periwal filed an application against Amrit Feeds Ltd. The Corporate Insolvency Resolution Process (CIRP) had already been initiated against Amrit Feeds Ltd. via an order dated 15/01/2019 in C.P. (IB) No. 333/KB/2018. The court observed that the current application might not be maintainable under Section 11 of the Insolvency and Bankruptcy Code (IBC), 2016, because a CIRP was already in progress against the same corporate debtor. The applicant, Vinay Kumar Periwal, was granted the liberty to submit their claim with the Interim Resolution Professional (IRP) already appointed in the earlier CIRP.

## Issues and analysis

### Issue 1: Whether the present application is maintainable under Section 11 of the Insolvency and Bankruptcy …

**Ratio:** An application under the IBC is not maintainable if a Corporate Insolvency Resolution

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

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**Interpretation:** Section 11 of the I&B Code outlines the process for initiating CIRP. The

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

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Vinay Kumar…
- **Respondents:** Amrit Feed…
- **Advocates:** Ratul…; Shaunak…; +2 more

## Timeline

- **2019-01-15 — Previous…**: Order passed in C.P. (IB) No. 333/KB/2018, admitting Corporate Insolvency Resolution…
- **2019-01-31 — Hearing…**: Hearing on the application, where the…

## 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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