# In the matter of BOP Projects (P) Ltd. (IB)-483(PB)-2019

> NCLT judgment dated 2019-02-27. Citation: TCN-2019-NCLT-04665. The case involves a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 27 Feb 2019
- **Citation:** TCN-2019-NCLT-04665
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bop-projects-p-ltd-ib-483pb-2019-658e75a4

## Summary

### Background

The case involves a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 against a corporate debtor, BOP Projects (P) Ltd. However, a similar petition against the same corporate debtor has already been admitted in another case, Govind Ram & Ors. Vs BOP Projects Pvt. Ltd., [(IB)-526(ND)/2017], vide order dated 13.04.2018.

## Facts

Somnath Nandi & Ors. filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 against BOP Projects (P) Ltd. However, it was discovered that a similar petition against the same corporate debtor, BOP Projects (P) Ltd., had already been admitted in the case of Govind Ram & Ors. Vs BOP Projects Pvt. Ltd., [(IB)-526(ND)/2017], with an order dated 2018-04-13. Section 11 of the Code prohibits initiating another Corporate Insolvency Resolution Process against a corporate debtor already undergoing one. The petitioners are entitled to file their claim before the Insolvency Professional, Mr. Kanwal Chaudhary.

## Issues and analysis

### Issue 1: Whether another Corporate Insolvency Resolution Process can be initiated against a corporate debtor …

**Ratio:** Section 11 of the Insolvency and Bankruptcy Code, 2016 prohibits the initiation of

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**Reasoning:** The court reasoned that allowing multiple CIRPs against the same corporate debtor would

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**Interpretation:** Section 11 is interpreted to mean that once a CIRP has been initiated and

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**Application:** In this case, since a petition against BOP Projects (P) Ltd. had already been

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## Parties

- **Judges:** DEEPTI M…; SH. S.K MOH…
- **Appellants:** Somnath Nandi &…
- **Respondents:** BOP Projects (P)…
- **Advocates:** Ashish…

## Timeline

- **2018-04-13 — Order Date of Previous…**: Order passed in Govind Ram & Ors. Vs BOP Projects Pvt. Ltd., [(IB)-526(ND)/2017]…
- **2019-02-27 — Order Date of Current…**: Order delivered dismissing the petition filed by Somnath Nandi & Ors. against BOP…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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