# In the matter of Turtle Book Private Limited (IB)-3110/ND/2019

> NCLT judgment dated 2021-01-19. Citation: TCN-2021-NCLT-03262. The case involves an application filed by Turtle Book Private Limited, the corporate debtor,…

- **Court:** NCLT
- **Order date:** 19 Jan 2021
- **Citation:** TCN-2021-NCLT-03262
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/turtle-book-private-limited-ib-3110nd2019-4c24ae96

## Summary

### Background

The case involves an application filed by Turtle Book Private Limited, the corporate debtor, under Section 10 of the Insolvency & Bankruptcy Code (IBC). An application under Section 9 of IBC was already admitted against the corporate debtor.

## Facts

Turtle Book Private Limited, the corporate debtor, filed an application under Section 10 of the Insolvency & Bankruptcy Code. Prior to this, an application under Section 9 of the IBC was filed by an operational creditor, C.P.No.(IB)-800(ND)/2020, against Turtle Book Pvt. Ltd. This Section 9 application was admitted on 19.01.2021, initiating the Corporate Insolvency Resolution Process (CIRP). The corporate debtor's application under Section 10 sought the same prayer as the admitted Section 9 application. The relevance of the Section 9 application being admitted is that it initiates CIRP, which addresses the issues the Section 10 application intended to address.

## Issues and analysis

### Issue 1: Whether the application under Section 10 of the Insolvency & Bankruptcy Code filed by the …

**Ratio:** When CIRP has already been initiated based on the admission of an application under

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**Reasoning:** The court reasoned that since the Corporate Insolvency Resolution Process had already

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**Interpretation:** This legal issue concerns the maintainability of a Section 10 application when

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**Application:** In this case, the court applied the ratio by disposing of the Section 10

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## Parties

- **Judges:** DEEPTI M…; SUMΙΤΑ PURK…
- **Respondents:** Turtle Book…; Ashwani…

## Timeline

- **2021-01-19 — Section 9 Application…**: Application filed under Section 9 by the operational creditor being…
- **2021-01-19 — Order del…**: Order delivered on 19.01.2021…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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