# In the matter of Biopac India Corporation Ltd. C.P. (I.B) No. 627-9-NCLT-AHM-2019

> NCLT judgment dated 2020-10-21. Citation: TCN-2020-NCLT-00359. The application was filed under Section 9 of the Insolvency and Bankruptcy Code. The Corporate…

- **Court:** NCLT
- **Order date:** 21 Oct 2020
- **Citation:** TCN-2020-NCLT-00359
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/biopac-india-corporation-ltd-cp-ib-no-627-9-nclt-ahm-2019-0a249f95

## Summary

### Background

The application was filed under Section 9 of the Insolvency and Bankruptcy Code. The Corporate Debtor had already been admitted into CIRP in another case, leading to the disposal of the current application.

## Facts

The present application, C.P. (I.B) No. 627/9/NCLT/AHM/2019, was filed under Section 9 of the Insolvency and Bankruptcy Code. This application concerned Bhanushali Packaging as the applicant and Biopac India Corporation Ltd as the corporate debtor. The matter was heard by the National Company Law Tribunal, Ahmedabad Bench, Court 1, on October 21, 2020, through video conferencing. During the hearing, it was brought to the attention of the Adjudicating Authority that the Corporate Debtor, Biopac India Corporation Ltd, had already been admitted into the Corporate Insolvency Resolution Process (CIRP). This admission occurred in a separate proceeding, specifically CP(IB) 678/2019, by an order dated October 13, 2020. Ms. Kristy Bapist, learned counsel, appeared for the

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code should proceed when …

**Ratio:** When a Corporate Debtor is already undergoing CIRP, subsequent applications for

…

**Reasoning:** The Corporate Debtor was already admitted into CIRP in CP(IB) 678/2019 by an order dated

…

**Interpretation:** The Tribunal interpreted the situation to mean that once CIRP has commenced,

…

**Application:** The application CP(IB) No. 627/9/NCLT/AHM/2019 was disposed of, and the

…

## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Bhanushali…
- **Respondents:** Biopac India…
- **Advocates:** Kristy B…

## Timeline

- **October 13, 2020 — CIRP Admi…**: Corporate Debtor admitted…
- **October 21, 2020 — Hearing and…**: Hearing for CP(IB) No. 627/9/NCLT/AHM/2019 held via video conferencing, and the order was…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/biopac-india-corporation-ltd-cp-ib-no-627-9-nclt-ahm-2019-0a249f95