# In the matter of Uniply Industries Ltd. CP(IB)-16(CHE)-2021

> NCLT judgment dated 2021-11-18. Citation: TCN-2021-NCLT-00461. The case CP(IB)/16(CHE)/2021 was filed before the National Company Law Tribunal (NCLT), Chennai…

- **Court:** NCLT
- **Order date:** 18 Nov 2021
- **Citation:** TCN-2021-NCLT-00461
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/uniply-industries-ltd-cpib-16che-2021-965cc714

## Summary

### Background

The case CP(IB)/16(CHE)/2021 was filed before the National Company Law Tribunal (NCLT), Chennai Bench - II. The Corporate Insolvency Resolution Process (CIRP) had already commenced for the Corporate Debtor in IBA/751/2020, by order dated 04.10.2021.

## Facts

The Indian Express Newspaper (Mumbai) Pvt Ltd filed a petition against Uniply Industries Ltd under Section 9 Rule 6 of the IBC, 2016. However, CIRP had already been initiated against Uniply Industries Ltd in another case (IBA/751/2020) by order dated 04.10.2021. The petitioner did not have representation during the hearing, while the respondent was represented by counsel Mr. Akhil Bhansali.

## Issues and analysis

### Issue 1: Whether the petition CP(IB)/16(CHE)/2021 should be continued given the commencement of CIRP against …

**Ratio:** When CIRP has already commenced against a corporate debtor, any fresh petitions for

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**Reasoning:** The court reasoned that since CIRP had already commenced in IBA/751/2020, it would be

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**Interpretation:** This reflects the principle that once CIRP is initiated, all claims against the

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**Application:** The court applied this principle by closing the petition CP(IB)/16(CHE)/2021,

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** Indian Express…
- **Respondents:** Uniply Industries…

## Timeline

- **2021-10-04 — CIRP Commen…**: CIRP commenced against Uniply Industries Ltd in IBA/751/2020 by order of the Adjudicating…
- **2021-11-18 — Hearing…**: Hearing of CP(IB)/16(CHE)/2…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/uniply-industries-ltd-cpib-16che-2021-965cc714