# In the matter of Map Oil LLP CP(IB)-248(AHM)2021

> NCLT judgment dated 2021-05-11. Citation: TCN-2021-NCLT-02164. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 11 May 2021
- **Citation:** TCN-2021-NCLT-02164
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/map-oil-llp-cpib-248ahm2021-55a7d993

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The learned counsel for the corporate debtor stated that a Corporate Insolvency Resolution Process (CIRP) had already been initiated against the same corporate debtor by the Ahmedabad Court-1 in CP (IB) 241 of 2021, vide order dated 26.04.2022.

## Facts

Richrelics Export, the operational creditor, filed an application under Section 9 of the IBC against Map Oil LLP, the corporate debtor. However, the learned counsel for the corporate debtor stated that a Corporate Insolvency Resolution Process (CIRP) had already been initiated against the same corporate debtor by the Ahmedabad Court-1 in CP (IB) 241 of 2021 vide order dated 26.04.2022. This prior initiation of CIRP was the key fact that led to the disposal of the application CP(IB) 248 of 2021.

## Issues and analysis

### Issue 1: Whether the application CP(IB) 248 of 2021 should be disposed of, given that a Corporate Insolvency …

**Ratio:** When a Corporate Insolvency Resolution Process (CIRP) has already been initiated against

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**Reasoning:** The court reasoned that since a CIRP had already been initiated against the corporate

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**Interpretation:** The interpretation is that once a CIRP is initiated, it takes precedence over

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**Application:** In this case, the court applied the ratio by recognizing that the CIRP

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## Parties

- **Judges:** Dr.Deepti…; Ajai Das Me…
- **Appellants:** Richrelics…
- **Respondents:** Map Oil…

## Timeline

- **2022-04-26 — Order in CP (IB) 241 of…**: Corporate Insolvency Resolution Process initiated against Map Oil LLP by the Ahmedabad…
- **2022-05-11 — Order in CP(IB)/248(AHM)…**: Application CP(IB) 248 of 2021 filed by Richrelics Export disposed of due to prior CIRP…

## 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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