# In the matter of Rabirun Vinimay Pvt. Ltd. CP(IB) No.574-KB-2018

> NCLT judgment dated 2019-03-27. Citation: TCN-2019-NCLT-04306. The case pertains to CP(IB) No.574/KB/2018 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 27 Mar 2019
- **Citation:** TCN-2019-NCLT-04306
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rabirun-vinimay-pvt-ltd-cpib-no574-kb-2018-7665740b

## Summary

### Background

The case pertains to CP(IB) No.574/KB/2018 before the National Company Law Tribunal, Kolkata Bench. The hearing was held on March 27, 2019. The matter involves Sumitra Chemicals & Minerals as the operational creditor against Rabirun Vinimay Pvt. Ltd.

## Facts

The key facts are as follows: Sumitra Chemicals & Minerals filed a case (CP(IB) No.574/KB/2018) against Rabirun Vinimay Pvt. Ltd. under Section 9 of the IBC. During the hearing on March 27, 2019, it was brought to the court's notice that Rabirun Vinimay Pvt. Ltd. had already been admitted into CIRP via an order dated March 7, 2019, in CP(IB) No.512/KB/2018. The operational creditor was then granted liberty to approach the RP to pursue their claim.

## Issues and analysis

### Issue 1: Whether the operational creditor should be allowed to pursue a separate claim when the corporate …

**Ratio:** When a corporate debtor is already undergoing CIRP, the appropriate course of action for

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**Reasoning:** The court reasoned that since the corporate debtor was already admitted into CIRP,

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**Interpretation:** This interpretation aligns with the objective of the IBC to consolidate all

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**Application:** Given that Rabirun Vinimay Pvt. Ltd. was already in CIRP, Sumitra Chemicals

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Sumitra Chemicals…
- **Respondents:** Rabirun Vinimay…
- **Advocates:** Patita Pabon…; Avik Chau…

## Timeline

- **2019-03-07 — Admission in…**: Corporate Debtor admitted into CIRP…
- **2019-03-27 — Hearing…**: Hearing on CP(IB) No.574/KB/2018. Operational…

## 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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