# In the matter of Pratibha Industries Ltd. C.P. (IB)-627-(MB)-2019

> NCLT judgment dated 2019-06-06. Citation: TCN-2019-NCLT-03029. The case pertains to a petition filed by an Operational Creditor against a Corporate Debtor…

- **Court:** NCLT
- **Order date:** 6 Jun 2019
- **Citation:** TCN-2019-NCLT-03029
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pratibha-industries-ltd-cp-ib-627-mb-2019-02d6443d

## Summary

### Background

The case pertains to a petition filed by an Operational Creditor against a Corporate Debtor under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was filed before the National Company Law Tribunal (NCLT), Mumbai Bench.

## Facts

H. P. Zala, an Operational Creditor, filed a petition against Pratibha Industries Ltd, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was filed before the Mumbai Bench of the National Company Law Tribunal (NCLT). However, the Corporate Debtor, Pratibha Industries Ltd, was already undergoing the Corporate Insolvency Resolution Process (CIRP). Because of the ongoing CIRP, the NCLT determined that the petition filed by the Operational Creditor was not maintainable under the existing circumstances.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is maintainable when the Corporate Debtor is …

**Ratio:** A petition filed by an Operational Creditor against a Corporate Debtor is not

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**Reasoning:** The court reasoned that allowing a fresh petition when CIRP is already in progress would

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**Interpretation:** The interpretation is that the initiation of CIRP takes precedence over

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**Application:** In this specific case, since Pratibha Industries Ltd was already undergoing

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** H. P.…
- **Respondents:** Pratibha Industrie…

## Timeline

- **2019-06-06 — Hearing…**: Hearing of Mumbai Bench of the…

## 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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