# In the matter of Amrit Feeds Ltd. C.P.(IB) No. 440-KB-2018

> NCLT judgment dated 2019-01-24. Citation: TCN-2019-NCLT-05172. The case involves an application filed under the Insolvency and Bankruptcy Code (IBC). The…

- **Court:** NCLT
- **Order date:** 24 Jan 2019
- **Citation:** TCN-2019-NCLT-05172
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrit-feeds-ltd-cpib-no-440-kb-2018-93eea592

## Summary

### Background

The case involves an application filed under the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor, Huvepharma Sea (Pune) Pvt. Ltd., is already admitted into the Corporate Insolvency Resolution Process (CIRP) by an order of Bench No. 1 dated 15.01.2019 in CP(IB) No. 333/KB/2018.

## Facts

Huvepharma Sea (Pune) Pvt. Ltd. is the Corporate Debtor. An application was filed by an Operational Creditor, represented by Rohit Sharma. The Corporate Debtor is already admitted into Corporate Insolvency Resolution Process (CIRP) by the order of Bench No. 1 dated 15.01.2019 in CP(IB) No. 333/KB/2018. Shaunak Mitra and Lilat Goyal, Advocates, appeared as Director of Corporate Debtor and Mr. Harish Bagla respectively. The court noted that the Corporate Debtor was already undergoing CIRP, making the current application not maintainable under Section 11(b) of the I&B Code. The Operational Creditor was granted the liberty to file a claim before the IRP/RP.

## Issues and analysis

### Issue 1: Whether the application is maintainable given that the Corporate Debtor is already admitted into …

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

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**Reasoning:** The court reasoned that since the Corporate Debtor was already undergoing CIRP as per the

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**Interpretation:** Section 11(b) of the I&B Code is interpreted to mean that once CIRP has

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**Application:** The court applied the ratio of Section 11(b) to the fact that Huvepharma Sea

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Rohit S…
- **Respondents:** Huvepharma Sea…

## Timeline

- **2019-01-15 — CIRP Admi…**: Corporate Debtor admitted into Corporate Insolvency Resolution Process by order of Bench…
- **2019-01-24 — Hearing…**: Hearing on the application where the…

## 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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