# In the matter of JC World Hospitality Private Limited (IB)-924(ND)-2019

> NCLT judgment dated 2019-12-13. Citation: TCN-2019-NCLT-00207. The case involves an application by Mr. Satya Mishra & Anr. against M/S JC World Hospitality…

- **Court:** NCLT
- **Order date:** 13 Dec 2019
- **Citation:** TCN-2019-NCLT-00207
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jc-world-hospitality-private-limited-ib-924nd-2019-6f445b52

## Summary

### Background

The case involves an application by Mr. Satya Mishra & Anr. against M/S JC World Hospitality Private Limited under Section 7 of the Insolvency & Bankruptcy Code. An earlier Corporate Insolvency Resolution Process (CIRP) had already been admitted against the same corporate debtor under C.P. No. (IB)-256(ND)/2019 on 13.12.2019.

## Facts

Mr. Satya Mishra & Anr. filed an application against M/S JC World Hospitality Private Limited under Section 7 of the Insolvency & Bankruptcy Code. A prior CIRP order against the same corporate debtor, M/S JC World Hospitality Private Limited, had already been admitted on 13.12.2019 under C.P. No. (IB)-256(ND)/2019. The court acknowledged the principle that two CIRP orders cannot be passed against the same corporate debtor. The applicant was permitted to file their claim before the IRP. The order also provided a contingency plan if the initial CIRP order is set aside by a higher court.

## Issues and analysis

### Issue 1: Whether the applicant can file a fresh application against the same corporate debtor when a CIRP …

**Ratio:** Two CIRP orders cannot be passed

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**Reasoning:** The court recognized the legal principle that multiple CIRP orders against the same

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**Interpretation:** The interpretation of the Insolvency & Bankruptcy Code is that once a CIRP

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**Application:** Given that a CIRP order had already been admitted against M/S JC World

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## Parties

- **Judges:** DEEΡΤΙ M…; Sh. Hemant Kumar…
- **Appellants:** Satya M…
- **Respondents:** M/S JC World…

## Timeline

- **2019-12-13 — CIRP Admi…**: CIRP against M/S JC World Hospitality Private Limited was admitted under C.P. No.…
- **2019-12-13 — Order Del…**: Order delivered on the application…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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