# In the matter of Indosolar Ltd. (IB)-1750(PB)-2019

> NCLT judgment dated 2019-07-29. Citation: TCN-2019-NCLT-02237. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 29 Jul 2019
- **Citation:** TCN-2019-NCLT-02237
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/indosolar-ltd-ib-1750pb-2019-15c3dbf9

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The counsel for the petitioner states that a petition against the same corporate debtor has already been admitted on 12.04.2019, and an Interim Resolution Professional (IRP) has been appointed. A copy of the order dated 12.04.2019 is on record.

## Facts

A petition was filed against a corporate debtor. Prior to the current proceedings, another petition against the same corporate debtor was admitted on 12.04.2019, and an Interim Resolution Professional (IRP) was appointed. A copy of the order dated 12.04.2019 is on record. Due to the prior admission and IRP appointment, the present application is considered infructuous. The operational creditor is permitted to file a claim before the IRP.

## Issues and analysis

### Issue 1: Whether the current application should be disposed of given the prior admission of a petition …

**Ratio:** When a petition against a corporate debtor has already been admitted and an IRP

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**Reasoning:** The court reasoned that since a prior petition against the same corporate debtor had

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**Interpretation:** This interprets the procedural aspect of the IBC, emphasizing that once

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**Application:** The ratio and reasoning are applied to the fact that a prior petition was

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## Parties

- **Judges:** DEEPTI M…; SH. S. K.…
- **Appellants:** Om Logisti…
- **Respondents:** Indosolar…

## Timeline

- **2019-04-12 — Prior Petition…**: A petition against the same corporate debtor…
- **2019-07-29 — Order Del…**: The current application is disposed of, and the operational creditor is permitted to file…

## 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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