# In the matter of Brand Portrait Consulting Pvt. LTd. TCP-424- (IB)-2017

> NCLT judgment dated 2019-02-11. Citation: TCN-2019-NCLT-04903. The case involves a petition filed by Jagran Prakashan Ltd against Brand Portrait Consulting…

- **Court:** NCLT
- **Order date:** 11 Feb 2019
- **Citation:** TCN-2019-NCLT-04903
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/brand-portrait-consulting-pvt-ltd-tcp-424-ib-2017-a24ebc91

## Summary

### Background

The case involves a petition filed by Jagran Prakashan Ltd against Brand Portrait Consulting Pvt Ltd. The petitioner's counsel reported that the corporate debtor, Brand Portrait Consulting Pvt Ltd, had already gone into liquidation based on an order dated 2016-02-06 passed by the High Court of Madras in CP/40/2010.

## Facts

Jagran Prakashan Ltd filed a company petition against Brand Portrait Consulting Pvt Ltd. During the proceedings, the petitioner's counsel informed the court that Brand Portrait Consulting Pvt Ltd had already entered liquidation based on an order from the High Court of Madras dated 2016-02-06 in CP/40/2010. This prior liquidation status was the key fact that influenced the court's decision.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed given that the corporate debtor is already in …

**Ratio:** A company petition should be dismissed if the corporate debtor is already undergoing

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**Reasoning:** The court reasoned that since the corporate debtor was already in liquidation based on a

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**Interpretation:** The interpretation is that once a company is in liquidation, any fresh

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**Application:** The court applied this principle to the specific facts, noting the existing

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** JAGRAN PRAKASHAN…
- **Respondents:** BRAND PORTRAIT…
- **Advocates:** Shobhan M…

## Timeline

- **2016-02-06 — Liquidation…**: The High Court of Madras passed an order in CP/40/2010, initiating the liquidation of…
- **2019-11-02 — Hearing…**: Hearing of Chennai Bench, Chennai National…

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