# In the matter of Flywheel Logistics Solutions Private Limited (IB)-668/ND/2020

> NCLT judgment dated 2020-10-06. Citation: TCN-2020-NCLT-00453. Flywheel Logistics Solution Private Limited filed an application under Section 10 of the…

- **Court:** NCLT
- **Order date:** 6 Oct 2020
- **Citation:** TCN-2020-NCLT-00453
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/flywheel-logistics-solutions-private-limited-ib-668nd2020-e2b5a0ac

## Summary

### Background

Flywheel Logistics Solution Private Limited filed an application under Section 10 of the Insolvency & Bankruptcy Code. A Section 7 application filed by a financial creditor against Flywheel Logistics Solution Private Limited, C.P.No.(IB)-651(ND)/2020, was admitted on 06.10.2020, and the Corporate Insolvency Resolution Process (CIRP) was initiated.

## Facts

Flywheel Logistics Solution Private Limited filed an application. A financial creditor filed an application under Section 7 against Flywheel Logistics Solution Private Limited, registered as C.P.No.(IB)-651(ND)/2020. The Section 7 application was admitted on 06.10.2020, leading to the initiation of the Corporate Insolvency Resolution Process (CIRP). The present application sought CIRP against the same corporate applicant. The court noted that since the Section 7 application had already been admitted, no separate order was required for the current application under Section 11 of the Insolvency and Bankruptcy Code 2016.

## Issues and analysis

### Issue 1: Whether a separate order should be passed on the application filed by Flywheel Logistics Solution …

**Ratio:** When a Section 7 application against a corporate debtor has already been admitted and

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**Reasoning:** The court reasoned that since the Section 7 application (C.P.No.(IB)-651(ND)/2020) had

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**Interpretation:** This clarifies that when multiple applications seek the same relief (CIRP)

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**Application:** In this case, since the Section 7 application against Flywheel Logistics

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## Parties

- **Judges:** DEEPTI M…; SUMITAPURKA…
- **Respondents:** Flywheel Logistics…; Achin…

## Timeline

- **2020-10-06 — Admission of Section 7…**: The application filed under Section 7 by the Financial creditor being…
- **2020-10-06 — Order Del…**: Order delivered on 06.10.2020 regarding the application of Flywheel Logistics Solution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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