# In the matter of Cure Life Care Pvt. Ltd. C.P. (IB) No. 157-7-NCLT-AHM-2017

> NCLT judgment dated 2019-06-04. Citation: TCN-2019-NCLT-03052. The case pertains to an IB petition before the Ahmedabad Bench of the National Company Law…

- **Court:** NCLT
- **Order date:** 4 Jun 2019
- **Citation:** TCN-2019-NCLT-03052
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cure-life-care-pvt-ltd-cp-ib-no-157-7-nclt-ahm-2017-6920e1ad

## Summary

### Background

The case pertains to an IB petition before the Ahmedabad Bench of the National Company Law Tribunal (NCLT). The petition was filed under Section 7 of the Insolvency and Bankruptcy Code. The order sheet reflects the attendance and order of the hearing held on June 4, 2019.

## Facts

Sandipbhai Bhagwatibhai Patel & Anr. filed an IB petition against Cure Life Care Pvt Ltd. under Section 7 of the Insolvency and Bankruptcy Code. However, a prior order was passed in CP(IB) 388/2018, admitting a petition against the same Corporate Debtor, Cure Life Care Pvt Ltd. This prior admission rendered the subsequent IB petition infructuous. The Operational Creditor is allowed to file a claim before the RP.

## Issues and analysis

### Issue 1: Whether the present IB petition should be disposed of as infructuous due to the prior admission of …

**Ratio:** When a petition against a Corporate Debtor has already been admitted, any subsequent

…

**Reasoning:** The court reasoned that since CP(IB) 388/2018 had already admitted a petition against the

…

**Interpretation:** This interpretation ensures that multiple insolvency proceedings are not

…

**Application:** The ratio was applied to the facts of the case, where a prior petition against

…

## Parties

- **Judges:** Manorama…
- **Appellants:** Sandipbhai…
- **Respondents:** Cure Life Care…
- **Advocates:** Nishan Ma…; V.K.…; +1 more

## Timeline

- **2018-01-01 — Order passed in CP(IB)…**: A petition against the same Corporate Debtor,…
- **2019-06-04 — Hearing of IB…**: Hearing of the IB petition filed by Sandipbhai Bhagwatibhai Patel & Anr. against Cure…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/cure-life-care-pvt-ltd-cp-ib-no-157-7-nclt-ahm-2017-6920e1ad