# In the matter of Flywheel Logistics Solutions Pvt. Ltd. IB-251(ND)-2019

> NCLT judgment dated 2019-09-02. Citation: TCN-2019-NCLT-01641. The case pertains to an application filed under Section 9 of the Insolvency & Bankruptcy Code.…

- **Court:** NCLT
- **Order date:** 2 Sept 2019
- **Citation:** TCN-2019-NCLT-01641
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/flywheel-logistics-solutions-pvt-ltd-ib-251nd-2019-6b862f0a

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency & Bankruptcy Code. Flywheel Logistics Solutions Pvt Ltd, the corporate debtor, was already admitted into the Corporate Insolvency Resolution Process (CIRP) under C.P. No. (IB)-1488(ND)/2018. The CIRP was in progress when the present application was filed.

## Facts

Apace Transco Pvt Ltd filed an application against Flywheel Logistics Solutions Pvt Ltd under Section 9 of the Insolvency & Bankruptcy Code. Flywheel Logistics Solutions Pvt Ltd was already undergoing Corporate Insolvency Resolution Process (CIRP) under C.P. No. (IB)-1488(ND)/2018, which had been admitted on 02.09.2019. The applicant in the present application was directed to file their claim before the Interim Resolution Professional (IRP). The court clarified that if the order dated 02.09.2019 is set aside by the National Company Law Appellate Tribunal or by a Superior Court, the applicant would have the liberty to file an appropriate application for revival of the petition.

## Issues and analysis

### Issue 1: Whether the applicant should be directed to file their claim before the Interim Resolution …

**Ratio:** When a Corporate Insolvency Resolution Process (CIRP) is already in progress, claims

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**Reasoning:** The court reasoned that since the CIRP for Flywheel Logistics Solutions Pvt Ltd was

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**Interpretation:** This interpretation aligns with the objective of the Insolvency and Bankruptcy

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**Application:** The court applied this principle by directing Apace Transco Pvt Ltd, the

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## Parties

- **Judges:** DEEPTI M…; Sh. Hemant Kumar…
- **Appellants:** Apace Transco Pvt…
- **Respondents:** Flywheel Logistics…
- **Advocates:** Arvind…; Purti Marwa…; +2 more

## Timeline

- **2018-01-01 — CIRP Admi…**: Flywheel Logistics Solutions Pvt Ltd was admitted into Corporate Insolvency Resolution…
- **2019-09-02 — Order Da…**: Order delivered directing the applicant…

## 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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