# In the matter of Independent TV Limited C.P.(IB)-4325(MB)/2019

> NCLT judgment dated 2020-03-13. Citation: TCN-2020-NCLT-01563. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code.…

- **Court:** NCLT
- **Order date:** 13 Mar 2020
- **Citation:** TCN-2020-NCLT-01563
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/independent-tv-limited-cpib-4325mb2019-8f6d31b1

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code. The Operational Creditor's counsel was present. It was submitted that CIRP had already been initiated against the Corporate Debtor vide order dated 26.02.2020 in C.P. (IB)-3176/2019. Mr. Anup Kumar was appointed as the Interim Resolution Professional.

## Facts

Star India Pvt Ltd filed a petition against Independent TV Limited under Section 9 of the Insolvency and Bankruptcy Code. The Learned Counsel for the Operational Creditor was present. The Learned Counsel submitted that CIRP had already been initiated against the Corporate Debtor, Independent TV Limited, vide order dated 26.02.2020 in C.P. (IB)-3176/2019. Mr. Anup Kumar was appointed as the Interim Resolution Professional of the Corporate Debtor. Due to the ongoing CIRP, the present petition C.P.(IB)-4325(MB)/2019 was considered infructuous.

## Issues and analysis

### Issue 1: Whether the present petition C.P.(IB)-4325(MB)/2019 should be dismissed as infructuous due to the …

**Ratio:** A petition becomes infructuous when the relief sought is already being addressed or has

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

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**Interpretation:** The interpretation is that if a process like CIRP is already underway, a

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**Application:** Since CIRP was already initiated against Independent TV Limited, the court

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Star India…
- **Respondents:** Independent TV…

## Timeline

- **2020-02-26 — CIRP Init…**: CIRP initiated against the Corporate…
- **2020-03-13 — Order Da…**: Order passed dismissing the present petition…

## 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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