# In the matter of Terrene Pharma Pvt. Ltd. C.P. (IB) No. 353-9-NCLT-AHM-2019

> NCLT judgment dated 2019-08-23. Citation: TCN-2019-NCLT-01817. The case pertains to C.P. (I.B) No. 353/9/NCLT/AHM/2019 before the Ahmedabad Bench of the…

- **Court:** NCLT
- **Order date:** 23 Aug 2019
- **Citation:** TCN-2019-NCLT-01817
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/terrene-pharma-pvt-ltd-cp-ib-no-353-9-nclt-ahm-2019-5f329fc5

## Summary

### Background

The case pertains to C.P. (I.B) No. 353/9/NCLT/AHM/2019 before the Ahmedabad Bench of the National Company Law Tribunal. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code. The petitioner is represented by Pratik Tripathi, PCS.

## Facts

The case involves Bhopal Glues & Chemicals Pvt. Ltd. as the applicant, filing a petition against Terrene Pharma Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code. A similar petition against Terrene Pharma Pvt. Ltd. has already been admitted by a cognate bench of the same court in CP(IB) 582 of 2018, with an order dated 2019-08-14. This prior admission renders the current petition, CP(IB) 353 of 2019, infructuous.

## Issues and analysis

### Issue 1: Whether CP(IB) 353/9/NCLT/AHM/2019 should be disposed of as infructuous due to the prior admission …

**Ratio:** When a similar petition against the same corporate debtor has already been admitted by a

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**Reasoning:** The court reasoned that since a cognate bench had already admitted a petition against

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**Interpretation:** The interpretation is that the admission of a prior petition addressing the

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**Application:** The ratio and reasoning were applied to the facts of the case, where a prior

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## Parties

- **Judges:** Harihar Prakash…; Prasanta Kumar…
- **Appellants:** Pratik Tr…
- **Respondents:** Terrene Pharma…

## Timeline

- **2018-01-01 — CP(IB) 582/201…**: Filing of CP(IB) 582 of 2018…
- **2019-08-14 — Order in CP(IB)…**: Order passed in CP(IB) 582 of 2018 admitting the…

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