# In the matter of Chamber Construction Pvt. Ltd. CP(IB)-1749(MB)-2019

> NCLT judgment dated 2019-08-02. Citation: TCN-2019-NCLT-02127. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 2 Aug 2019
- **Citation:** TCN-2019-NCLT-02127
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/chamber-construction-pvt-ltd-cpib-1749mb-2019-870ad307

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel is present, as is the representative of the corporate debtor. The corporate debtor is already undergoing Corporate Insolvency Resolution Process (CIRP) as per an order dated 16.07.2019 in CP 3962/IBC(MB)/2018.

## Facts

Sandhya Nalavde filed a petition against Chamber Construction Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor, Chamber Construction Pvt. Ltd., was already undergoing CIRP in terms of an order dated 16.07.2019 in CP 3962/IBC(MB)/2018. The petitioner's counsel and the corporate debtor's representative were present during the hearing. The petition was dismissed as withdrawn, with the petitioner having the liberty to lodge their claim before the IRP/RP appointed in the matter of the Corporate Debtor. The fact that the Corporate Debtor was already undergoing CIRP is the key fact that led to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 should be admitted …

**Ratio:** A petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 may be dismissed

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**Reasoning:** The court reasoned that since the Corporate Debtor was already undergoing CIRP, the

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**Interpretation:** The interpretation is that when a CIRP is already initiated against a Corporate

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**Application:** In this case, the Corporate Debtor, Chamber Construction Pvt. Ltd., was already

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Sandhya N…
- **Respondents:** Chamber Constructi…

## Timeline

- **2019-07-16 — Order for…**: Order dated 16.07.2019 in CP 3962/IBC(MB)/2018 stating that the Corporate Debtor is…
- **2019-08-02 — Order Shee…**: Order sheet of the hearing of Mumbai Bench…

## 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)

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