The case pertains to the maintainability of a Corporate Insolvency Resolution Process (CIRP) initiated against a party in a Tripartite Agreement. The Hon'ble NCLAT and the Hon'ble Principal Bench, New Delhi, have previously ruled that CIRP initiated against one party cannot affect others concerning the same claim.
HDFC ERGO General Insurance Co. Ltd filed a case against Prime Infra Park (P) Ltd under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Tribunal considered the maintainability of the CIRP against Prime Infra Park (P) Ltd, especially in light of previous rulings that CIRP against one party in a Tripartite Agreement does not automatically affect others. The petitioner's counsel presented a judgment by the NCLAT in Company Appeal (AT) Insolvency No.683 of 2018, which stated that CIRP can be initiated against both the Holding Company and the Subsidiary Company. The court then ordered notice to be served to the Corporate Debtor, Prime Infra Park (P) Ltd, and set a hearing date.
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The Tribunal issued…
Order in the matter of Ashok B. Jiwrajka,…
The case pertains to the maintainability of a Corporate Insolvency Resolution Process (CIRP) initiated against a party in a Tripartite Agreement. The Hon'ble NCLAT and the Hon'ble Principal Bench, New Delhi, have previously ruled that CIRP initiated against one party cannot affect others concerning the same claim.
HDFC ERGO General Insurance Co. Ltd filed a case against Prime Infra Park (P) Ltd under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Tribunal considered the maintainability of the CIRP against Prime Infra Park (P) Ltd, especially in light of previous rulings that CIRP against one party in a Tripartite Agreement does not automatically affect others. The petitioner's counsel presented a judgment by the NCLAT in Company Appeal (AT) Insolvency No.683 of 2018, which stated that CIRP can be initiated against both the Holding Company and the Subsidiary Company. The court then ordered notice to be served to the Corporate Debtor, Prime Infra Park (P) Ltd, and set a hearing date.
The Tribunal issued…
Order in the matter of Ashok B. Jiwrajka,…