# In the matter of Hari Machines Ltd. CP(IB) No. 553-KB-2018

> NCLT judgment dated 2018-07-06. Citation: TCN-2018-NCLT-01189. The case pertains to CP(IB) No. 553/KB/2018 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 6 Jul 2018
- **Citation:** TCN-2018-NCLT-01189
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hari-machines-ltd-cpib-no-553-kb-2018-961a6cb4

## Summary

### Background

The case pertains to CP(IB) No. 553/KB/2018 before the National Company Law Tribunal, Kolkata Bench. The Ld. Counsel for the workers union is present, but nobody represented the Operational Creditor or the Corporate Debtor. The counsel for the workers union brought to the court's notice an earlier order of admission in CP(IB) No. 466/KB/2018 dated 2018-05-15, indicating that the same corporate debtor is already under a resolution process.

## Facts

The case involves CP(IB) No. 553/KB/2018. The Ld. Counsel for the workers union was present during the hearing. Neither the Operational Creditor nor the Corporate Debtor were represented. The workers union's counsel informed the court of a prior order of admission, CP(IB) No. 466/KB/2018 dated 2018-05-15, which placed the same corporate debtor under a resolution process. This fact is crucial because Section 11 of the IBC prohibits initiating new proceedings against a corporate debtor already undergoing resolution.

## Issues and analysis

### Issue 1: Whether the current Corporate Insolvency Resolution Process (CIRP) application is maintainable …

**Ratio:** Section 11 of the Insolvency and Bankruptcy Code (IBC) restricts the initiation or

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**Reasoning:** The court reasoned that allowing a parallel CIRP for the same corporate debtor would be

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**Interpretation:** Section 11 is interpreted to mean that once a corporate debtor is admitted into

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**Application:** Given that the same corporate debtor was already under a resolution process

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## Parties

- **Judges:** Jinan…
- **Respondents:** India Forgings &…

## Timeline

- **2018-07-06 — Hearing…**: Hearing held on July…
- **2018-05-15 — Order of Ad…**: Order of admission in CP(IB) No. 466/KB/2018 placing the corporate debtor under…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11 — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

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