# In the matter of Thiru Arroran Sugars Ltd. IBA-449-2019

> NCLT judgment dated 2019-06-19. Citation: TCN-2019-NCLT-02833. The case involves an application under the Insolvency and Bankruptcy Code (IBC). The applicant…

- **Court:** NCLT
- **Order date:** 19 Jun 2019
- **Citation:** TCN-2019-NCLT-02833
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/thiru-arroran-sugars-ltd-iba-449-2019-01b7d8fa

## Summary

### Background

The case involves an application under the Insolvency and Bankruptcy Code (IBC). The applicant is an operational creditor. The corporate debtor is already undergoing a Corporate Insolvency Resolution Process (CIRP) based on a previous order.

## Facts

Unitech Sales Agency filed an application under the IBC as an operational creditor against Thiru Arooran Sugars Ltd. The court noted that Thiru Arooran Sugars Ltd. was already undergoing a CIRP based on an order dated 2019-06-07 passed by the Division Bench. The applicant's counsel was present during the hearing.

## Issues and analysis

### Issue 1: Whether the operational creditor's claim should be considered given the ongoing CIRP of the …

**Ratio:** When a corporate debtor is already undergoing CIRP, any operational creditor must file

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**Reasoning:** The court reasoned that since the corporate debtor was already undergoing CIRP, the

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**Interpretation:** The interpretation is that the existence of an ongoing CIRP does not preclude

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**Application:** The court applied the ratio by directing Unitech Sales Agency, the operational

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** UNITECH SALES…
- **Respondents:** THIRU AROORAN…
- **Advocates:** B. MAN…

## Timeline

- **2019-06-19 — Hearing…**: Hearing held at 10:30…
- **2019-06-07 — CIRP Orde…**: Order passed by the Division Bench…

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