# In the matter of SBS Transpole Logistics Pvt. Ltd. (IB)-956(ND)2019

> NCLT judgment dated 2019-09-04. Citation: TCN-2019-NCLT-01578. The petition filed by SBS Logistics Singapore Pte Ltd. against SBS Transpole Logistics Pvt.…

- **Court:** NCLT
- **Order date:** 4 Sept 2019
- **Citation:** TCN-2019-NCLT-01578
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sbs-transpole-logistics-pvt-ltd-ib-956nd2019-a7ad9a74

## Summary

### Background

The petition filed by SBS Logistics Singapore Pte Ltd. against SBS Transpole Logistics Pvt. Ltd. became infructuous because the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, SBS Transpole Logistics Pvt. Ltd., had already been initiated in another petition, IB-1373(ND)2019, filed by M/s Advance Cargo Movers. The order for initiating CIRP in the other petition was passed on 04.09.2019.

## Facts

SBS Logistics Singapore Pte Ltd. filed a petition against SBS Transpole Logistics Pvt. Ltd. The CIRP against SBS Transpole Logistics Pvt. Ltd. had already been initiated in Petition No. IB-1373(ND)2019 filed by M/s Advance Cargo Movers, with an order dated 04.09.2019. Ms. Asmita Singh, counsel for the applicant, wished to file an application as intervener in IB-1373(ND)2019, but this was declined. The order of admission of CIR against the Corporate Debtor has been admitted today in IB-1373(ND)2019. The applicant's prayer for appointment of IRP was noted, and an IRP has been appointed in the Petition No. IB-1373(ND)2019. The Applicant/Financial Creditor will be at liberty to seek revival of this Petition if the CIR Process in the IB-1373/ND/2019 is terminated.

## Issues and analysis

### Issue 1: Whether the present petition filed by SBS Logistics Singapore Pte Ltd. against SBS Transpole …

**Ratio:** When a CIRP has already been initiated against a corporate debtor in one petition, a

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**Reasoning:** The court reasoned that since the CIRP against SBS Transpole Logistics Pvt. Ltd. had

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**Interpretation:** The principle is that once a CIRP is initiated against a corporate debtor, all

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**Application:** In this case, the court applied the principle by holding that the petition

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## Parties

- **Judges:** Ina Mal…; L. N. G…
- **Appellants:** SBS Logistics…
- **Respondents:** SBS Transpole…

## Timeline

- **2019-09-04 — Order in IB-137…**: Order dated 04.09.2019 passed in IB-1373(ND)2019 initiating CIRP against SBS Transpole…
- **2019-09-04 — Order Del…**: Order delivered in (IB)-956(ND)2019…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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