# 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-03058. The case pertains to an Insolvency and Bankruptcy Code (IBC) petition filed before the…

- **Court:** NCLT
- **Order date:** 4 Jun 2019
- **Citation:** TCN-2019-NCLT-03058
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cure-life-care-pvt-ltd-cp-ib-no-157-7-nclt-ahm-2017-6b65bec4

## Summary

### Background

The case pertains to an Insolvency and Bankruptcy Code (IBC) petition filed before the Ahmedabad Bench of the National Company Law Tribunal (NCLT). Another petition, CP(IB) 388/2018, was previously admitted against the same Corporate Debtor.

## Facts

The case involves an IB petition filed under Section 7 of the Insolvency and Bankruptcy Code. A prior petition, CP(IB) 388/2018, had already been admitted against the same Corporate Debtor, Cure Life Care Pvt Ltd. The present petition was deemed infructuous because of the prior admission. Sandipbhai Bhagwatibhai Patel & Anr. are the Appellants. Nishan Majumdar represented the Respondent. The order was issued by the Ahmedabad Bench of the NCLT.

## Issues and analysis

### Issue 1: Whether the present IB petition becomes infructuous due to the prior admission of another petition …

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

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**Reasoning:** The court reasoned that since CP(IB) 388/2018 was already admitted against Cure Life Care

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**Interpretation:** This interpretation means that once insolvency proceedings have commenced

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**Application:** Since CP(IB) 388/2018 was admitted against Cure Life Care Pvt Ltd., the present

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## Parties

- **Judges:** Manorama…
- **Appellants:** Sandipbhai…
- **Respondents:** Cure Life Care…

## Timeline

- **2018-01-01 — CP(IB) 38…**: Order passed in CP(IB) 388/2018, admitting the…
- **2019-06-04 — Order Da…**: The present IB Petition…

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