# In the matter of Granite Gate Properties Pvt. Ltd. (IB)-01(PB)-2019

> NCLT judgment dated 2019-02-05. Citation: TCN-2019-NCLT-05011. The case pertains to a petition filed under Section 7 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 5 Feb 2019
- **Citation:** TCN-2019-NCLT-05011
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/granite-gate-properties-pvt-ltd-ib-01pb-2019-510ed7a2

## Summary

### Background

The case pertains to a petition filed under Section 7 of the Insolvency and Bankruptcy Code against Granite Gate Properties Pvt. Ltd. The Corporate Insolvency Resolution Process (CIRP) had already been initiated and admitted on 10.01.2019. The petitioner was directed to file their claim before the Interim Resolution Professional (IRP).

## Facts

The petitioner, Juhi Bhagat, filed a petition against Granite Gate Properties Pvt. Ltd. under Section 7 of the Insolvency and Bankruptcy Code. The Corporate Insolvency Resolution Process (CIRP) against Granite Gate Properties Pvt. Ltd. had already been admitted on 10.01.2019. The petitioner was seeking to file a claim. The court addressed the procedure for the petitioner to file their claim with the Interim Resolution Professional (IRP) and also addressed the possibility of the CIRP admission order being set aside by a higher court.

## Issues and analysis

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

**Ratio:** The petitioner is entitled to file their claim before the IRP as per the established

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**Reasoning:** The court reasoned that since the CIRP is in progress, the petitioner should follow the

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**Interpretation:** This interprets the IBC to mean that during the CIRP, creditors must submit

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**Application:** The court applied this principle by directing the petitioner, Juhi Bhagat, to

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## Parties

- **Judges:** M. M. K…; Pradeep R.…
- **Appellants:** Juhi Bh…
- **Respondents:** Granite Gate…
- **Advocates:** Satyendra…; Shreya…

## Timeline

- **2019-01-10 — CIRP Admi…**: Corporate Insolvency Resolution Process (CIRP) against Granite Gate Properties Pvt. Ltd.…
- **2019-02-05 — Order Del…**: Order delivered directing the petitioner to file claim before IRP and granting liberty to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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