# In the matter of Govind Rubber Ltd. CP(IB)-1425(MB)-2019

> NCLT judgment dated 2019-08-01. Citation: TCN-2019-NCLT-02157. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 1 Aug 2019
- **Citation:** TCN-2019-NCLT-02157
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/govind-rubber-ltd-cpib-1425mb-2019-5a4c9b9f

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner sought to initiate Corporate Insolvency Resolution Process (CIRP) against the corporate debtor. However, the corporate debtor was already undergoing CIRP.

## Facts

The petitioner filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP against the corporate debtor, Govind Rubber Ltd. However, the corporate debtor was already undergoing CIRP. Consequently, the petitioner's counsel requested to withdraw the present petition. The court allowed the withdrawal and dismissed the petition, granting the petitioner the liberty to lodge its claim with the IRP/RP already appointed for the corporate debtor. The key fact is the existing CIRP of the corporate debtor, which led to the petitioner's withdrawal request and the subsequent dismissal of the petition.

## Issues and analysis

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

**Ratio:** When a corporate debtor is already undergoing CIRP, a fresh petition for initiating CIRP

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**Reasoning:** The court reasoned that since the corporate debtor was already undergoing CIRP, allowing

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**Interpretation:** The interpretation is that the IBC aims to consolidate insolvency proceedings

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**Application:** In this case, the court applied the principle by dismissing the petition as

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Ram Charan…
- **Respondents:** Govind Rubb…

## Timeline

- **2019-08-01 — Order Da…**: Order sheet of the hearing of Mumbai Bench…

## 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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