# Iin the matter of New Win Win Feeds Pvt. Ltd. CP(IB)No. 378-KB-2019

> NCLT judgment dated 2019-07-09. Citation: TCN-2019-NCLT-02608. The case pertains to CP(IB) No. 378/KB/2019 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 9 Jul 2019
- **Citation:** TCN-2019-NCLT-02608
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/iin-the-matter-of-new-win-win-feeds-pvt-ltd-cpibno-378-kb-2019-8fb4f6c9

## Summary

### Background

The case pertains to CP(IB) No. 378/KB/2019 before the National Company Law Tribunal, Kolkata Bench. The Ld. Counsel for the Operational Creditor appeared, as did the Resolution Professional. The Ld. Counsel for the Operational Creditor submitted that vide Order dated 20-03-2019, passed in CP(IB) No. 852/KB/2018, the CIRP has been initiated against the very same Corporate Debtor.

## Facts

The Ld. Counsel for the Operational Creditor appeared before the NCLT Kolkata bench. The Resolution Professional also appeared. The Ld. Counsel for the Operational Creditor submitted that an order dated 20-03-2019 was passed in CP(IB) No. 852/KB/2018, initiating the CIRP against the same Corporate Debtor. Due to the CIRP already being initiated, the present application cannot continue under Section 11 of the Insolvency and Bankruptcy Code, 2016. The proceedings in the current application were closed, and the Operational Creditor was given the opportunity to submit their claim with the Resolution Professional appointed in the earlier CP.

## Issues and analysis

### Issue 1: Whether the present application can continue given that CIRP has already been initiated against the …

**Ratio:** Section 11 of the Insolvency and Bankruptcy Code, 2016, bars the continuation of an

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**Reasoning:** The court reasoned that since CIRP had already been initiated against the same Corporate

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**Interpretation:** Section 11 of the IBC is interpreted to mean that once CIRP is initiated

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**Application:** The ratio and reasoning were applied to the facts of the case, where CIRP had

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## Parties

- **Judges:** Jinan…
- **Appellants:** Real Soya…
- **Respondents:** New Win Win Feeds…

## Timeline

- **2019-07-09 — Hearing…**: Hearing held on 9th…
- **2019-03-20 — Order Date in CP(IB)…**: Order dated 20-03-2019 passed in CP(IB) No. 852/KB/2018, initiating CIRP against the same…

## 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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