# In the matter of Amrit Feeds Ltd. CP(IB)No.1288-KB-2018

> NCLT judgment dated 2019-01-25. Citation: TCN-2019-NCLT-05151. The case involves Aditya Commercial Corporation Vs. Amrit Feeds Ltd. The Corporate Debtor,…

- **Court:** NCLT
- **Order date:** 25 Jan 2019
- **Citation:** TCN-2019-NCLT-05151
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrit-feeds-ltd-cpibno1288-kb-2018-be54deba

## Summary

### Background

The case involves Aditya Commercial Corporation Vs. Amrit Feeds Ltd. The Corporate Debtor, Amrit Feeds 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

Aditya Commercial Corporation filed a case against Amrit Feeds Ltd. The Corporate Debtor, Amrit Feeds Ltd., was 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. The Operational Creditor's counsel appeared, as did the Corporate Debtor's counsel. The court took notice of the existing CIRP and considered section 11(b) of the I&B Code. The relevance of the existing CIRP is that it impacts the survivability of the current proceeding.

## Issues and analysis

### Issue 1: Whether the current proceeding can survive in view of the Corporate Debtor already being admitted …

**Ratio:** Section 11(b) of the I&B Code stipulates that certain proceedings cannot continue

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**Reasoning:** The court reasoned that because the Corporate Debtor was already admitted into CIRP, the

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

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**Application:** Given that Amrit Feeds Ltd. was already in CIRP, the court applied the ratio of

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Aditya Commercial…
- **Respondents:** Amrit Feed…

## 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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