# In the matter of Suasth Health Care India Limited C.P. (IB)-220(KB)2021

> NCLT judgment dated 2021-10-01. Citation: TCN-2021-NCLT-00920. The case involves Canter Engineers Private Limited versus Suasth Health Care India Limited.…

- **Court:** NCLT
- **Order date:** 1 Oct 2021
- **Citation:** TCN-2021-NCLT-00920
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/suasth-health-care-india-limited-cp-ib-220kb2021-54be2f0e

## Summary

### Background

The case involves Canter Engineers Private Limited versus Suasth Health Care India Limited. CIRP has already been initiated against the Corporate Debtor, Suasth Health Care India Limited, vide order dated 31/08/2021 in CP(IB)/204(KB)2021.

## Facts

CIRP has already been initiated against Suasth Health Care India Limited, the Corporate Debtor, vide order dated 31/08/2021 in CP(IB)/204(KB)2021. The present C.P. filed by Canter Engineers Private Limited has become infructuous as a result of the CIRP initiation. The Operational Creditor's counsel was present during the hearing. The court has directed the Operational Creditor to file its claim with the IRP/RP appointed in CP(IB)/204(KB)2021, and any delay in submissions is condoned.

## Issues and analysis

### Issue 1: Whether the present C.P. filed by Canter Engineers Private Limited is infructuous due to the …

**Ratio:** When CIRP has already been initiated against the Corporate Debtor, any subsequent C.P.

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**Reasoning:** The court reasoned that since CIRP has already been initiated against the Corporate

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**Interpretation:** The interpretation is that once CIRP proceedings are underway, any parallel

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**Application:** In this case, the CIRP initiation against Suasth Health Care India Limited made

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## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Appellants:** Canter Engineers…
- **Respondents:** Suasth Health…

## Timeline

- **2021-08-31 — CIRP Init…**: CIRP initiated against the Corporate Debtor, Suasth Health Care India Limited, vide order…
- **2021-10-01 — Hearing…**: Hearing held on 01st October, 2021, where the…

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