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

> NCLT judgment dated 2020-01-08. Citation: TCN-2020-NCLT-02434. 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-02434
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/indirapuram-habitat-centre-pvt-ltd-ib-2648-nd-2019-e0c8f797

## 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, the operational creditor, filed a petition against Indirapuram Habitat Centre Pvt. Ltd., the corporate debtor, under Section 9 of the IBC code 2016. CIRP had been initiated against the corporate debtor on 22.08.2019. The operational creditor submitted that their claim had already been filed before the IRP/RP. The court disposed of the petition but granted liberty to the operational creditor to revive/restore the same if a compromise of the corporate debtor with other creditors occurs or if the order is set aside in appeal. The key fact is that CIRP was already initiated and the claim was filed, leading to the disposal of the current petition, but with a provision for revival under specific conditions.

## Issues and analysis

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

**Ratio:** When CIRP has already been initiated and the claim has been filed, the purpose of

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**Reasoning:** The court reasoned that since CIRP was already underway and the claim had been filed,

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**Interpretation:** This implies that once CIRP is initiated and claims are filed, subsequent

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**Application:** In this case, since CIRP had already been initiated against Indirapuram Habitat

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## Parties

- **Judges:** CH. MOHD SHARIEF…; Ms, Sumita…
- **Appellants:** Medellion A…
- **Respondents:** Indirapuram…
- **Advocates:** Sumit M…; Tanisha…; +1 more

## Timeline

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

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