# In the matter of New Chennai Township Pvt. Ltd. CP-1339-IB-2018

> NCLT judgment dated 2019-07-15. Citation: TCN-2019-NCLT-02518. The case involves a petition CP/1339/IB/2018 filed under Section 7 Rule 4. The Corporate Debtor…

- **Court:** NCLT
- **Order date:** 15 Jul 2019
- **Citation:** TCN-2019-NCLT-02518
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/new-chennai-township-pvt-ltd-cp-1339-ib-2018-750425bd

## Summary

### Background

The case involves a petition CP/1339/IB/2018 filed under Section 7 Rule 4. The Corporate Debtor is already under CIRP vide order dated 05.07.2019 passed in CP/636/IB/CB/2017.

## Facts

The Financial Creditor filed a petition CP/1339/IB/2018. The Corporate Debtor was already under Corporate Insolvency Resolution Process (CIRP) as per an order dated 05.07.2019 in CP/636/IB/CB/2017. The Financial Creditor's counsel and the Corporate Debtor's representative were present during the hearing. The court directed the Financial Creditor to file its claim before the Interim Resolution Professional (IRP) without any delay.

## Issues and analysis

### Issue 1: Whether the Financial Creditor should be directed to file its claim before the IRP, given that the …

**Ratio:** When a Corporate Debtor is already undergoing CIRP, the appropriate course of action is

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**Reasoning:** The court reasoned that since the Corporate Debtor was already under CIRP, directing the

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**Interpretation:** This interpretation aligns with the objective of the Insolvency and Bankruptcy

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**Application:** Given that the Corporate Debtor was already under CIRP vide order dated

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## Parties

- **Judges:** CH. MOHD SHARIEF…
- **Appellants:** Dena…
- **Respondents:** NEW CHENNAI…

## Timeline

- **2018-01-01 — Petition…**: CP/1339/IB/2018 was…
- **2019-07-05 — CIRP Ord…**: Order passed in CP/636/IB/CB/2017…

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