# In the matter of AMW Motors Ltd. CP(IB) 359 of 2019

> NCLT judgment dated 2020-12-01. Citation: TCN-2020-NCLT-00195. The case pertains to CP(IB) 359 of 2019 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 1 Dec 2020
- **Citation:** TCN-2020-NCLT-00195
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amw-motors-ltd-cpib-359-of-2019-c40b53e6

## Summary

### Background

The case pertains to CP(IB) 359 of 2019 before the National Company Law Tribunal (NCLT), Ahmedabad Bench. The Operational Creditor's counsel brought to the court's notice that a Corporate Insolvency Resolution Process (CIRP) had already been initiated against the same Corporate Debtor, AMW Motors Ltd, vide order dated 01.09.2020 in CP(IB) No. 184 of 2018.

## Facts

The case involves Apurva Shah & Ors as the Operational Creditor and AMW Motors Ltd as the Corporate Debtor. A Corporate Insolvency Resolution Process (CIRP) has already been initiated against AMW Motors Ltd vide order dated 01.09.2020 in CP(IB) No. 184 of 2018. The present petition, CP(IB) No. 359 of 2019, was filed under Section 9 of the Insolvency and Bankruptcy Code. The Operational Creditor is at liberty to approach IRP/Resolution Professional to lodge its claim.

## Issues and analysis

### Issue 1: Whether the present IB Petition should be disposed of, considering that a CIRP has already been …

**Ratio:** When a Corporate Insolvency Resolution Process (CIRP) has already been initiated against

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**Reasoning:** The court reasoned that since a CIRP was already in progress against AMW Motors Ltd, the

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**Interpretation:** This interpretation ensures that multiple CIRP proceedings are not initiated

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**Application:** The court applied this principle by disposing of the present IB Petition,

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Apurva Shah…
- **Respondents:** AMW Motor…

## Timeline

- **2020-09-01 — CIRP Init…**: Corporate Insolvency Resolution Process initiated against AMW Motors Ltd vide order dated…
- **2020-12-01 — Order Da…**: CP(IB) No. 359 of 2019…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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