# In the matter of Amrit Feeds Ltd. CP (IB) No. 1238-KB-2018

> NCLT judgment dated 2019-01-25. Citation: TCN-2019-NCLT-05162. The case pertains to a Corporate Insolvency Resolution Process (CIRP) initiated against a…

- **Court:** NCLT
- **Order date:** 25 Jan 2019
- **Citation:** TCN-2019-NCLT-05162
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrit-feeds-ltd-cp-ib-no-1238-kb-2018-9ab895a0

## Summary

### Background

The case pertains to a Corporate Insolvency Resolution Process (CIRP) initiated against a Corporate Debtor. The Operational Creditor filed a claim. However, the Corporate Debtor was already admitted into CIRP by an earlier order of the same bench.

## Facts

The case involves S.S. Enterprises (Operational Creditor) against Amrit Feeds Ltd. (Corporate Debtor). The Corporate Debtor was already admitted into Corporate Insolvency Resolution Process (CIRP) by an order dated 2019-01-15 in CP(IB) No.333/KB/2018. The Operational Creditor filed a claim, but the court noted the existing CIRP. Lilat Goyal, Advocate, appeared as Director of the Corporate Debtor. Mr. Harish Bagla also appeared on behalf of the Corporate Debtor. K.C. Garg, Sunita Agarwal, and MD Dilawar Khan appeared as Operational Creditors.

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor can survive given that the Corporate …

**Ratio:** Section 11(b) of the I&B Code stipulates that once a Corporate Debtor is admitted

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**Reasoning:** The court reasoned that allowing parallel proceedings would defeat the purpose of the

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**Interpretation:** Section 11(b) is interpreted to mean that once CIRP is initiated and admitted,

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**Application:** Since Amrit Feeds Ltd. was already admitted into CIRP, the court applied

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## Parties

- **Judges:** Madan B.…
- **Appellants:** S.S. Enter…
- **Respondents:** Amrit Feed…
- **Advocates:** K.C.G…; Sunita Ag…; +3 more

## Timeline

- **2019-01-25 — Hearing…**: Hearing held on January…
- **2019-01-15 — CIRP Admissio…**: Corporate Debtor admitted into Corporate Insolvency Resolution Process by order of Bench…

## Legal provisions

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

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