# In the matter of Aniirudh Civil Engineers and Contractors Pvt. Ltd. C.P.(IB)2127-2019

> NCLT judgment dated 2019-11-06. Citation: TCN-2019-NCLT-00708. The case involves Ultratech Cement Ltd versus Aniirudh Civil Engineers & Contractors Pvt Ltd.…

- **Court:** NCLT
- **Order date:** 6 Nov 2019
- **Citation:** TCN-2019-NCLT-00708
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aniirudh-civil-engineers-and-contractors-pvt-ltd-cpib2127-2019-f74b32cf

## Summary

### Background

The case involves Ultratech Cement Ltd versus Aniirudh Civil Engineers & Contractors Pvt Ltd. An order was issued regarding a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016. A prior order dated 14.10.2019 in CP(IB)-3991(MB)/2018 had already commenced Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor.

## Facts

Ultratech Cement Ltd filed a Company Petition against Aniirudh Civil Engineers & Contractors Pvt Ltd. Prior to the hearing, CIRP had already commenced against Aniirudh Civil Engineers & Contractors Pvt Ltd via an order dated 14.10.2019 in CP(IB)-3991(MB)/2018. The court noted that because CIRP was already underway, the present petition was rendered infructuous. The Operational Creditor was granted the liberty to file a claim before the IRP.

## Issues and analysis

### Issue 1: Whether the present Company Petition should be dismissed given that CIRP has already commenced …

**Ratio:** When CIRP has already commenced against a Corporate Debtor, any subsequent Company

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**Reasoning:** The court reasoned that since CIRP was already in progress, there was no purpose in

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**Interpretation:** This implies that once CIRP is initiated, it takes precedence, and any parallel

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**Application:** Since CIRP had already commenced against Aniirudh Civil Engineers &

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Ultratech Cement…
- **Respondents:** ANIIRUDH CIVIL…

## Timeline

- **2019-10-14 — Order for CIRP…**: An order was issued in CP(IB)-3991(MB)/2018,…
- **2019-11-06 — Hearing…**: Hearing held where the Company…

## 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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