# In the matter of East West Logistics Pvt. Ltd. C.A. 161-CV-ND-2019 in IB-2372-ND-2019

> NCLT judgment dated 2019-12-20. Citation: TCN-2019-NCLT-00056. An application (CA-161/C-V/ND/2019) was filed by the Operational Creditor seeking termination…

- **Court:** NCLT
- **Order date:** 20 Dec 2019
- **Citation:** TCN-2019-NCLT-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/east-west-logistics-pvt-ltd-ca-161-cv-nd-2019-in-ib-2372-nd-2019-e0c986e0

## Summary

### Background

An application (CA-161/C-V/ND/2019) was filed by the Operational Creditor seeking termination of the Corporate Insolvency Resolution Process (CIRP). The order of admission was not communicated to the Interim Resolution Professional (IRP), and no steps were taken to invite claims or form the Committee of Creditors (CoC). The IRP, Mr. Alok, confirmed this fact.

## Facts

M/s. Aargus Global Logistics Pvt. Ltd. initiated a CIRP against M/s East West Logistics Pvt Ltd. An application was filed by the Operational Creditor to terminate the CIRP process. The order of admission was not communicated to the IRP, and no steps were taken to form the CoC. The IRP confirmed this. The court considered the 'Swiss Ribbons' case and terminated the CIRP, releasing the Corporate Debtor from the moratorium.

## Issues and analysis

### Issue 1: Whether the CIRP can be terminated prior to the …

**Ratio:** The Hon'ble Apex Court in 'Swiss Ribbons and Anr. Vs. Union of India' provided a

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**Reasoning:** The court relied on the direction provided by the Hon'ble Apex Court in the 'Swiss

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**Interpretation:** The 'Swiss Ribbons' case provides a precedent for terminating CIRP before the

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**Application:** Given that the order of admission was not communicated to the IRP, and no steps

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## Parties

- **Judges:** Ina Mal…; Saroj Ra…
- **Appellants:** M/s. Aargus…
- **Respondents:** M/s East West…

## Timeline

- **2019-12-20 — Order Del…**: The order was delivered…

## 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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