# In the matter of Tirupati Basmati Exports Private Limited CP (IB) No. 180-Chd-Hry-2019

> NCLT judgment dated 2019-10-07. Citation: TCN-2019-NCLT-01078. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 7 Oct 2019
- **Citation:** TCN-2019-NCLT-01078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tirupati-basmati-exports-private-limited-cp-ib-no-180-chd-hry-2019-c939744a

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s. Partap Singh Jita Ram, Commission Agents, against Tirupati Basmati Exports Private Limited. The applicant is an operational creditor. Previously, another application, CP (IB) 371/Chd/CHD/2018, filed by State Bank of India against the same corporate debtor, was admitted by the Adjudicating Authority on 27.09.2019, leading to the declaration of a moratorium and appointment of an Interim Resolution Professional.

## Facts

M/s. Partap Singh Jita Ram, Commission Agents, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Tirupati Basmati Exports Private Limited. Tirupati Basmati Exports Private Limited is the corporate debtor. State Bank of India had previously filed an application, CP (IB) 371/Chd/CHD/2018, against the same corporate debtor, which was admitted on 27.09.2019. This admission led to the declaration of a moratorium and the appointment of an Interim Resolution Professional. The current application was filed by an operational creditor, M/s. Partap Singh Jita Ram. The key fact is the prior admission of the application by State Bank of India, which influenced the court's decision to dispose of the current application.

## Issues and analysis

### Issue 1: Whether the application filed by M/s. Partap Singh Jita Ram under Section 9 of the Insolvency and …

**Ratio:** When a Corporate Insolvency Resolution Process (CIRP) has already been initiated against

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**Reasoning:** The court reasoned that since a CIRP had already been initiated and an Interim Resolution

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**Interpretation:** The interpretation is that the Insolvency and Bankruptcy Code aims to

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**Application:** In this case, since State Bank of India's application had already been

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Appellants:** M/s. Partap Singh…
- **Respondents:** Tirupati Basmati…

## Timeline

- **2018-01-01 — CP (IB) 371/Chd/CHD/2018…**: CP (IB) 371/Chd/CHD/2018 was filed by State Bank of India against Tirupati Basmati…
- **2019-09-27 — SBI Application…**: The Adjudicating Authority admitted the application filed by State Bank of India, leading…

## 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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