# In the matter of Southern Batteries Private Limited C.P. (IB)No. 95-BB-2020

> NCLT judgment dated 2020-03-11. Citation: TCN-2020-NCLT-01604. The case involves C.P. (IB) No.95/BB/2020 filed by M/s. Kingfa Science & Technology (India)…

- **Court:** NCLT
- **Order date:** 11 Mar 2020
- **Citation:** TCN-2020-NCLT-01604
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/southern-batteries-private-limited-cp-ibno-95-bb-2020-64fb5e18

## Summary

### Background

The case involves C.P. (IB) No.95/BB/2020 filed by M/s. Kingfa Science & Technology (India) Limited, the Operational Creditor, under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Southern Batteries Private Limited, the Corporate Debtor, due to committed default. There were six other cases filed against the Corporate Debtor, including C.P. (IB) No.357/BB/2019 filed by M/s. Allahabad Bank, which was admitted on 19.02.2020, initiating CIRP against the same Corporate Debtor.

## Facts

M/s. Kingfa Science & Technology (India) Limited, the Operational Creditor, filed C.P. (IB) No.95/BB/2020 under Section 9 of the IBC, 2016, seeking to initiate CIRP against M/s. Southern Batteries Private Limited, the Corporate Debtor, for a total amount of Rs.1,15,22,810/- including interest at 18% from the due date until the demand notice date of 06.06.2019. Prior to this case, M/s. Allahabad Bank had already filed C.P. (IB) No.357/BB/2019 against the same Corporate Debtor, which was admitted on 19.02.2020, initiating CIRP. The Petitioner's counsel pleaded ignorance regarding the prior CIRP initiation. The last date to submit claims had ended only on 09.03.2020.

## Issues and analysis

### Issue 1: Whether C.P. (IB) No.95/BB/2020 is maintainable given the prior initiation of CIRP against the same …

**Ratio:** Once CIRP is initiated against a Corporate Debtor, another company petition for the same

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**Reasoning:** The Adjudicating Authority had already admitted C.P. (IB) No.357/BB/2019 and initiated

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**Interpretation:** The principle of avoiding multiple CIRPs for the same Corporate Debtor aims to

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**Application:** Since CIRP had already been initiated against M/s. Southern Batteries Private

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s. Kingfa…
- **Respondents:** M/s. Southern…

## Timeline

- **2019-06-06 — Demand Noti…**: Date of the demand notice issued to M/s.…
- **2020-02-19 — CIRP Init…**: C.P. (IB) No.357/BB/2019 filed by M/s. Allahabad Bank was admitted, initiating CIRP…

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