# In the matter of Indirapuram Habitat Centre Pvt. Ltd. IB-2648 (ND)-2019

> NCLT judgment dated 2020-01-08. Citation: TCN-2020-NCLT-02439. The case involves an application under Section 9 of the IBC code 2016 by Medellion Aircon, the…

- **Court:** NCLT
- **Order date:** 8 Jan 2020
- **Citation:** TCN-2020-NCLT-02439
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/indirapuram-habitat-centre-pvt-ltd-ib-2648-nd-2019-01aaf021

## Summary

### Background

The case involves an application under Section 9 of the IBC code 2016 by Medellion Aircon, the operational creditor, against Indirapuram Habitat Centre Pvt. Ltd., the corporate debtor. CIRP was initiated against the corporate debtor on 22.08.2019.

## Facts

Medellion Aircon is the operational creditor and Indirapuram Habitat Centre Pvt. Ltd. is the corporate debtor. The application was filed under Section 9 of the IBC code 2016. CIRP was initiated against the corporate debtor on 22.08.2019. The operational creditor's claim has already been filed before the IRP/RP. The petition was disposed of, but the operational creditor was granted liberty to revive/restore the same in the event of a compromise of the corporate debtor with other creditors or setting aside of the said order in appeal. The fact that the claim has already been filed before the IRP/RP is the key fact that led to the disposal of the petition.

## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the IBC code 2016 should be admitted given that the …

**Ratio:** When a claim has already been filed before the IRP/RP, the purpose of initiating a fresh

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**Reasoning:** The court reasoned that since the claim was already filed, the petition was no longer

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**Interpretation:** This suggests that the court interprets the IBC as not requiring a redundant

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**Application:** Since the claim was already filed before the IRP/RP, the court disposed of the

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## Parties

- **Judges:** Ch. Mohd Sharief…; Ms, Sumita…
- **Appellants:** Medellion A…
- **Respondents:** Indirapuram…

## Timeline

- **2019-08-22 — CIRP Init…**: CIRP was initiated against…
- **2020-01-08 — Order Del…**: Order delivered by the NCLT disposing of…

## 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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