# In the matter of B Y Agro & Infra Limited C.P.(IB)-3878(MB)-2019

> NCLT judgment dated 2021-01-12. Citation: TCN-2021-NCLT-03322. The case involves EKF Global Logistics Private Limited as the petitioner against B Y Agro &…

- **Court:** NCLT
- **Order date:** 12 Jan 2021
- **Citation:** TCN-2021-NCLT-03322
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-y-agro-infra-limited-cpib-3878mb-2019-16bad9af

## Summary

### Background

The case involves EKF Global Logistics Private Limited as the petitioner against B Y Agro & Infra Limited. The counsel for the petitioner was present, but there was no representation from the respondent. The counsel for the petitioner submitted that a matter against the same corporate debtor had already been admitted, and CIRP was initiated by the same bench in C.P. 4240 of 2018, with an order dated 2020-05-26.

## Facts

The petitioner, EKF Global Logistics Private Limited, filed a petition. The counsel for the petitioner was present. The respondent, B Y Agro & Infra Limited, had no representation. The counsel for the petitioner submitted that a matter against the same corporate debtor was already admitted and CIRP was initiated by the same bench in C.P. 4240 of 2018 vide order dated 2020-05-26. The court dismissed the petition as infructuous and directed the petitioner to file their claim with the IRP. The key fact is the prior admission of a CIRP against the same corporate debtor, rendering the current petition unnecessary.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed given that a CIRP has already been initiated …

**Ratio:** When a CIRP has already been initiated against a corporate debtor, a subsequent petition

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**Reasoning:** The court reasoned that since a CIRP was already in progress, the current petition served

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**Interpretation:** The interpretation is that the existence of a prior, ongoing CIRP takes

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**Application:** The court applied the ratio to the facts by noting that the counsel for the

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## Parties

- **Judges:** RAJESH S…; SUCHITRA KANUPARTH…; +1 more
- **Appellants:** EKF Global…
- **Respondents:** B Y Agro & Infra…

## Timeline

- **2021-01-12 — Hearing…**: Order sheet of the…
- **2020-05-26 — Prior CIRP Or…**: Order dated 2020-05-26 in C.P. 4240 of 2018, initiating CIRP against the same corporate…

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