# In the matter of Chowel India Pvt. Ltd. IBA-1049-2019

> NCLT judgment dated 2020-09-30. Citation: TCN-2020-NCLT-00486. The case involves an application under the Insolvency and Bankruptcy Code (IBC). The…

- **Court:** NCLT
- **Order date:** 30 Sept 2020
- **Citation:** TCN-2020-NCLT-00486
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/chowel-india-pvt-ltd-iba-1049-2019-5d7de820

## Summary

### Background

The case involves an application under the Insolvency and Bankruptcy Code (IBC). The applicant's counsel submitted that NCLT-Court1 had admitted IBA/1121/2019 vide order dated 05.05.2020 and recommended for commencement of CIR Proceedings of the Corporate Debtor.

## Facts

Shree Aagarsen Steel Industries Pvt Ltd filed an application (IBA/1049/2019) against Chowel India Pvt Ltd. The counsel for the applicant submitted that NCLT-Court1 had already admitted another application (IBA/1121/2019) and recommended for commencement of CIR Proceedings of the Corporate Debtor. The order for the other application was dated 05.05.2020. Because of this, the current application was considered infructuous.

## Issues and analysis

### Issue 1: Whether the application IBA/1049/2019 should be dismissed as infructuous due to the admission of a …

**Ratio:** When a related application has already been admitted and CIR proceedings have commenced

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**Reasoning:** The court reasoned that since NCLT-Court1 had already admitted IBA/1121/2019 and

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**Interpretation:** This interpretation suggests that once CIR proceedings are initiated based on

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**Application:** In this case, because IBA/1121/2019 was admitted and CIR proceedings were

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## Parties

- **Judges:** R. Sucha…; S. VIJAYARA…
- **Appellants:** SHREE AAGARSEN…
- **Respondents:** Chowel India Pvt.…

## Timeline

- **2020-05-05 — Order Date of…**: NCLT-Court1 admitted IBA/1121/2019 and recommended commencement of CIR Proceedings of the…
- **2020-09-30 — Hearing…**: Hearing of Chennai Bench, Chennai National Company Law Tribunal held on 30-09-2020 at…

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