# 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-00919. The case involves Canter Engineers Private Limited versus Suasth Health Care India Limited.…

- **Court:** NCLT
- **Order date:** 1 Oct 2021
- **Citation:** TCN-2021-NCLT-00919
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/suasth-health-care-india-limited-cp-ib-220kb2021-fed1d3fe

## 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. Canter Engineers Private Limited is the Operational Creditor. The present C.P. filed by Canter Engineers Private Limited has become infructuous due to the prior initiation of CIRP. The Operational Creditor is directed to file its claim with the IRP/RP appointed in CP(IB)/204(KB)2021. Any delay in submitting the claim is condoned.

## Issues and analysis

### Issue 1: Whether the present C.P. filed by the Operational Creditor is infructuous due to the prior …

**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 is initiated, the resolution process is

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**Application:** The ratio and reasoning are applied to the facts of the case, leading to the

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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 court dismissed the present C.P. as…

## 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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