# In the matter of J. P. Engineers Pvt. Ltd. IB-954(ND)-2019

> NCLT judgment dated 2021-01-07. Citation: TCN-2021-NCLT-03368. The Operational Creditor filed a petition. An order dated 26.02.2020 initiated the CIR process…

- **Court:** NCLT
- **Order date:** 7 Jan 2021
- **Citation:** TCN-2021-NCLT-03368
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/j-p-engineers-pvt-ltd-ib-954nd-2019-59f02834

## Summary

### Background

The Operational Creditor filed a petition. An order dated 26.02.2020 initiated the CIR process against the Corporate Debtor. The Operational Creditor has already filed the claim before the IRP/RP.

## Facts

The Operational Creditor, M/s. Yajur International Pvt. Ltd, filed a petition against the Corporate Debtor, M/s. J.P Engineers Pvt. Ltd. The CIR process had already been initiated against the Corporate Debtor vide order dated 26.02.2020. The Operational Creditor had filed a claim before the IRP/RP. The Operational Creditor requested liberty to revive the petition if a compromise with other creditors occurred or if the order dated 26.02.2020 was set aside in appeal. The court granted the liberty but dismissed the petition as infructuous. The case was heard by the National Company Law Tribunal, New Delhi.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be granted liberty to revive the petition in the event of a …

**Ratio:** The court has the discretion to grant liberty to a party to revive a petition under

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**Reasoning:** The court considered the Operational Creditor's request for liberty to revive the

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**Interpretation:** The court interpreted the request as reasonable given the ongoing CIR process

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**Application:** The court applied its discretion to grant the requested liberty, allowing the

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## Parties

- **Judges:** CH. MOHD SHARIEF…; Narender Kumar…
- **Appellants:** M/s. Yajur…
- **Respondents:** M/S J.P. ENGINEERS…

## Timeline

- **2020-02-26 — CIR Process In…**: Order dated 26.02.2020 initiated the CIR…
- **2021-01-07 — Order Del…**: Order delivered on 07.01.2021, dismissing the petition as infructuous but granting…

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