# In the matter of Dhanurdhar Processors Pvt. Ltd. CP(IB) 857-9-NCLT-AHM-2019

> NCLT judgment dated 2020-07-15. Citation: TCN-2020-NCLT-01023. The case involves an application under the Insolvency and Bankruptcy Code. The Operational…

- **Court:** NCLT
- **Order date:** 15 Jul 2020
- **Citation:** TCN-2020-NCLT-01023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dhanurdhar-processors-pvt-ltd-cpib-857-9-nclt-ahm-2019-67c39faa

## Summary

### Background

The case involves an application under the Insolvency and Bankruptcy Code. The Operational Creditor filed a petition, CP(IB) 857/9/NCLT/AHM/2019, before the National Company Law Tribunal (NCLT), Ahmedabad Bench. During the proceedings, it was brought to the NCLT's attention that a Corporate Insolvency Resolution Process (CIRP) had already been initiated against the same Corporate Debtor, Dhanurdhar Processors Pvt. Ltd., vide an order dated 2020-06-05 in CP(IB) No. 357/9/NCLT/AHM/2018.

## Facts

The Operational Creditor, represented by Ms. Khyati Punjabi, filed a petition CP(IB) 857/9/NCLT/AHM/2019 against Dhanurdhar Processors Pvt Ltd. Mr. Dhiren Dave appeared for the Corporate Debtor. The Operational Creditor's counsel informed the NCLT that a Corporate Insolvency Resolution Process (CIRP) had already commenced against the same Corporate Debtor, Dhanurdhar Processors Pvt. Ltd., under CP(IB) No. 357/9/NCLT/AHM/2018, with an order dated 2020-06-05. Given the existing CIRP, the NCLT deemed the current petition infructuous.

## Issues and analysis

### Issue 1: Whether the present IB Petition should be entertained when a Corporate Insolvency Resolution …

**Ratio:** When a Corporate Insolvency Resolution Process (CIRP) has already been initiated against

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**Reasoning:** The court reasoned that initiating multiple CIRPs against the same corporate debtor for

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**Interpretation:** This interpretation ensures that the insolvency resolution process is

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**Application:** In this case, since a CIRP was already initiated against Dhanurdhar Processors

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Parth Dye Chem…
- **Respondents:** Dhanurdhar…

## Timeline

- **2018-01-01 — Earlier CIRP I…**: Corporate Insolvency Resolution Process initiated against Dhanurdhar Processors Pvt. Ltd.…
- **2020-06-05 — Order Date of Earlier…**: Order passed in CP(IB) No. 357/9/NCLT/AHM/2018 initiating CIRP against Dhanurdhar…

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