# In the matter of Citylife Retail Pvt. Ltd. C.P. (IB)-7(KB)2021

> NCLT judgment dated 2021-07-14. Citation: TCN-2021-NCLT-01759. The case pertains to a petition filed under the Insolvency and Bankruptcy Code (IBC). CIRP has…

- **Court:** NCLT
- **Order date:** 14 Jul 2021
- **Citation:** TCN-2021-NCLT-01759
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/citylife-retail-pvt-ltd-cp-ib-7kb2021-4e9bd6bd

## Summary

### Background

The case pertains to a petition filed under the Insolvency and Bankruptcy Code (IBC). CIRP has already commenced against the Corporate Debtor in CP(IB)/658(KB)2020.

## Facts

CIRP has already commenced against the Corporate Debtor under CP(IB)/658(KB)2020. The present petition is CP(IB)/7(KB)2021. The Ld. Senior Counsel, on behalf of the Financial Creditor, is present. The present petition is dismissed as infructuous. The Operational Creditor is granted liberty to file its claim with the IRP/RP. Any delay is condoned.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed given that CIRP has already commenced against the …

**Ratio:** A petition can be dismissed as infructuous if the Corporate Insolvency Resolution Process

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**Reasoning:** The court reasoned that since CIRP had already been initiated against the Corporate

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**Interpretation:** This interpretation suggests that once CIRP is initiated under one petition,

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**Application:** The court applied this principle by dismissing the present petition,

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## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Appellants:** BABU LAL PUROHIT…
- **Respondents:** CITYLIFE RETAIL…

## Timeline

- **2021-05-31 — Order Da…**: Order dated 31st May, 2021 in CP(IB)/658(KB)2020, CIRP has already been commenced against…
- **2021-07-14 — Hearing…**: Attendance-cum-order sheet of the…

## 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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