# In the matter or Rajpal Abhikaran Pvt. Ltd. (MP) CP (IB) 13 of 2020

> NCLT judgment dated 2021-07-15. Citation: TCN-2021-NCLT-01748. The case pertains to an application filed under Section 7 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 15 Jul 2021
- **Citation:** TCN-2021-NCLT-01748
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/in-the-matter-or-rajpal-abhikaran-pvt-ltd-mp-cp-ib-13-of-2020-11cec2fa

## Summary

### Background

The case pertains to an application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Resolution Professional (RP) submitted that Corporate Insolvency Resolution Process (CIRP) had already been initiated against the same Corporate Debtor, Rajpal Abhikaran Pvt. Ltd., vide order dated 26.03.2021 in CP(IB) No. 6 of 2020.

## Facts

PPG Asian Paints Pvt Ltd filed an application under Section 7 of the IBC against Rajpal Abhikaran Pvt Ltd. The Resolution Professional (RP) submitted that CIRP had already been initiated against Rajpal Abhikaran Pvt Ltd vide order dated 26.03.2021 in CP(IB) No. 6 of 2020. The petitioner, PPG Asian Paints Pvt Ltd, is already a member of the Committee of Creditors (CoC) in CP(IB) No. 6 of 2020. Because CIRP was already initiated, the court considered the application CP(IB) 13 of 2020 to be infructuous.

## Issues and analysis

### Issue 1: Whether the application CP(IB) 13 of 2020 should be dismissed as infructuous given that CIRP has …

**Ratio:** An application should be dismissed as infructuous if CIRP has already been initiated

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

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**Interpretation:** This case interprets the practical implications of multiple applications

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

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; Virendra Kumar…
- **Appellants:** PPG Asian Paints…
- **Respondents:** Rajpal Abhikaran…
- **Advocates:** M.K.S…; Rahul Parasrampuri…

## Timeline

- **2021-03-26 — CIRP Init…**: CIRP was initiated against Rajpal Abhikaran Pvt. Ltd. vide order dated 26.03.2021 in…
- **2021-07-15 — Order Del…**: Order delivered dismissing…

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