# In the matter of Darshan Developers Pvt. Ltd. C.P. (IB)-159(MB) 2021

> NCLT judgment dated 2021-11-16. Citation: TCN-2021-NCLT-00493. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 16 Nov 2021
- **Citation:** TCN-2021-NCLT-00493
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/darshan-developers-pvt-ltd-cp-ib-159mb-2021-04b58a36

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Sicagen India Limited against Darshan Developers Private Limited. The petition was filed because Darshan Developers Private Limited allegedly defaulted on its debt obligations to Sicagen India Limited.

## Facts

Sicagen India Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Darshan Developers Private Limited. The petition was filed due to alleged default in debt obligations. However, Darshan Developers Private Limited was already undergoing CIRP based on an admission order dated 26.07.2021. The admission order was passed in CP.(IB).3106/MB-IV/2019. The court considered this existing CIRP when deciding on the new petition.

## Issues and analysis

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

**Ratio:** A fresh insolvency petition is generally not maintainable if the Corporate Debtor is

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**Reasoning:** The court reasoned that admitting a fresh petition when CIRP is already in progress would

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**Interpretation:** The interpretation of the Insolvency and Bankruptcy Code, 2016 suggests that

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**Application:** In this case, since Darshan Developers Private Limited was already undergoing

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## Parties

- **Judges:** RAJESH S…; SUCHITRAKAN…
- **Appellants:** SICAGEN INDIA…
- **Respondents:** DARSHAN DEVELOPERS…

## Timeline

- **2021-11-16 — Hearing…**: Order sheet of the…
- **2021-07-26 — Admission Order…**: An admission order was passed by the court in CP.(IB).3106/MB-IV/2019, initiating CIRP…

## 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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