# In the matter of JC World Hospitality Private Limited (IB)-925(ND)-2019

> NCLT judgment dated 2019-12-13. Citation: TCN-2019-NCLT-00208. The case pertains to an application filed under Section 7 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 13 Dec 2019
- **Citation:** TCN-2019-NCLT-00208
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jc-world-hospitality-private-limited-ib-925nd-2019-6a611f13

## Summary

### Background

The case pertains to an application filed under Section 7 of the Insolvency and Bankruptcy Code against M/S JC World Hospitality Private Limited. An earlier Corporate Insolvency Resolution Process (CIRP) had already been admitted against the same corporate debtor under C.P. No. (IB)-256(ND)/2019, and the process was ongoing.

## Facts

Mr. Avnish Anand filed an application against M/S JC World Hospitality Private Limited under Section 7 of the Insolvency & Bankruptcy Code. A Corporate Insolvency Resolution Process (CIRP) had already been admitted against M/S JC World Hospitality Private Limited under C.P. No. (IB)-256(ND)/2019 on 13.12.2019, and the process was ongoing. The court noted that two CIRP orders cannot be passed against the same corporate debtor. The applicant was permitted to file its claim before the Interim Resolution Professional (IRP) in the existing CIRP. The applicant was granted liberty to file an application for revival if the initial order is set aside by the National Company Law Appellate Tribunal or by a Superior Court.

## Issues and analysis

### Issue 1: Whether a second CIRP order can be passed against a corporate debtor when a CIRP is already in …

**Ratio:** A fundamental principle of insolvency law is that multiple CIRP orders cannot be

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**Reasoning:** The court reasoned that allowing multiple CIRPs against the same corporate debtor would

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**Interpretation:** This principle ensures that the insolvency resolution process is streamlined

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**Application:** In this case, since a CIRP was already in progress against M/S JC World

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## Parties

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

## Timeline

- **2019-12-13 — Initial CIRP A…**: CIRP against M/S JC World Hospitality Private Limited was admitted under C.P. No.…
- **2019-12-13 — Order Del…**: Order delivered on 13.12.2019, permitting the…

## 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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