# In the matter of Shirdi Country INNS Pvt. Ltd. CP(IB) 3444(MB)-2018

> NCLT judgment dated 2019-04-08. Citation: TCN-2019-NCLT-04080. The case pertains to CP(IB) 3444(MB)/2018, heard by the Mumbai Bench of the National Company…

- **Court:** NCLT
- **Order date:** 8 Apr 2019
- **Citation:** TCN-2019-NCLT-04080
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shirdi-country-inns-pvt-ltd-cpib-3444mb-2018-acd19313

## Summary

### Background

The case pertains to CP(IB) 3444(MB)/2018, heard by the Mumbai Bench of the National Company Law Tribunal on April 8, 2019. The matter involves PVR Ltd as the applicant and Shirdi Country INNS Pvt Ltd as the respondent. The case is related to Section 9 of the Insolvency & Bankruptcy Code, 2016.

## Facts

PVR Ltd initiated a case against Shirdi Country INNS Pvt Ltd under CP(IB) 3444(MB)/2018. The case was heard by the Mumbai Bench of the National Company Law Tribunal on April 8, 2019. Both the Operational Creditor's counsel and the Corporate Debtor's counsel were present during the hearing. The court directed both parties to submit hard and soft copies of their written submissions. The case was then listed for admission on June 13, 2019. The case is related to Section 9 of the Insolvency & Bankruptcy Code, 2016.

## Issues and analysis

### Issue 1: Whether the application for initiation of corporate insolvency resolution process under Section 9 …

**Ratio:** The ratio is based on the provisions of Section 9 of the Insolvency & Bankruptcy

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**Reasoning:** The court's direction for both parties to file written submissions suggests that the

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** The court will apply the provisions of Section 9 to the facts presented by PVR

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## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** PVR…
- **Respondents:** Shirdi Country…

## Timeline

- **2019-04-08 — Hearing…**: Hearing of Mumbai Bench of the…
- **2019-06-13 — Listing for A…**: Case listed for…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/shirdi-country-inns-pvt-ltd-cpib-3444mb-2018-acd19313