# 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-03319. 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-03319
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-y-agro-infra-limited-cpib-3878mb-2019-a01856a8

## Summary

### Background

The case involves EKF Global Logistics Private Limited as the petitioner against B Y Agro & Infra Limited. The order sheet pertains to a hearing held on January 12, 2021. The court convened through video conference. 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 May 26, 2020.

## Facts

EKF Global Logistics Private Limited filed a petition against B Y Agro & Infra Limited. The hearing was held on January 12, 2021. The petitioner's counsel was present, but the respondent had no representation. The petitioner's counsel 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, with an order dated May 26, 2020. This prior admission and initiation of CIRP are the key facts that led the court to dismiss the current petition as infructuous. The petitioner was directed to file their claim with the IRP.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed as infructuous given that a matter against the …

**Ratio:** A petition can be dismissed as infructuous if the matter it concerns is already under

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**Reasoning:** The court reasoned that since a matter against the same corporate debtor was already

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**Interpretation:** This interpretation suggests that courts avoid duplication of proceedings and

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**Application:** The court applied this principle by dismissing the petition filed by EKF Global

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## Parties

- **Judges:** RAJESH S…; SUCHITRAKAN…
- **Appellants:** EKF Global…
- **Respondents:** B Y Agro & Infra…

## Timeline

- **2020-05-26 — Order Date of C.P.…**: Order passed in C.P. 4240 of 2018 admitting the matter against the same corporate debtor…
- **2021-01-12 — Hearing…**: Hearing held where the court…

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