# In the matter of The Jeypore Sugar Company Ltd. IBA-113-2019

> NCLT judgment dated 2019-03-19. Citation: TCN-2019-NCLT-04387. The case involves an application before the National Company Law Tribunal (NCLT), Chennai…

- **Court:** NCLT
- **Order date:** 19 Mar 2019
- **Citation:** TCN-2019-NCLT-04387
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/the-jeypore-sugar-company-ltd-iba-113-2019-fe034bbe

## Summary

### Background

The case involves an application before the National Company Law Tribunal (NCLT), Chennai Bench. The Operational Creditor has submitted that Corporate Insolvency Resolution Process (CIRP) has already been initiated against the Corporate Debtor vide order dated 13th February 2019.

## Facts

The key facts are as follows: The petition number is IBA/113/2019. Vijay Kumar & Co. (Jute) Pvt Ltd is the petitioner. The Jeypore Sugar Company Ltd is the respondent. CIRP has already been initiated against the Corporate Debtor vide order dated 13th February 2019. The Operational Creditor is directed to file a claim before the IRP without any delay. The application is disposed of.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be directed to file a claim before the IRP, given that CIRP …

**Ratio:** When CIRP has been initiated against a Corporate Debtor, Operational Creditors are

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**Reasoning:** The court's reasoning is based on the fact that CIRP has already been initiated against

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**Interpretation:** This interpretation aligns with the provisions of the Insolvency and Bankruptcy

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**Application:** Given that CIRP was initiated on 2019-02-13, the Operational Creditor, Vijay

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## Parties

- **Judges:** Ch. MOHD SHARIEF…
- **Appellants:** Vijay Kumar & Co.…
- **Respondents:** THE JEYPORE SUGAR…

## Timeline

- **2019-02-13 — CIRP Init…**: CIRP initiated against…
- **2019-03-19 — Order Da…**: Order directing Operational…

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