# In the matter of Venture Power Systems India Pvt. Ltd. CP (IB) 19-CHE-2021

> NCLT judgment dated 2021-10-25. Citation: TCN-2021-NCLT-00713. The case pertains to CP.IB/19/CHE/2021 before the National Company Law Tribunal (NCLT), Chennai…

- **Court:** NCLT
- **Order date:** 25 Oct 2021
- **Citation:** TCN-2021-NCLT-00713
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/venture-power-systems-india-pvt-ltd-cp-ib-19-che-2021-46a782a6

## Summary

### Background

The case pertains to CP.IB/19/CHE/2021 before the National Company Law Tribunal (NCLT), Chennai Bench. The petitioner's application was dismissed as an order of CIRP against the Corporate Debtor had already been passed in IBA/1449/2019 dated 2021-10-04.

## Facts

The petitioner filed an application CP.IB/19/CHE/2021. The RP's counsel stated that an order of CIRP against the Corporate Debtor was passed on 2021-10-04 in IBA/1449/2019. The court dismissed the petitioner's application and directed the petitioner to submit any claims to the RP within a week. The petitioner is represented by Ms. Mahar Amutha Surya, Advocate. The RP is represented by Mr. S. Sathiyanarayanan, Advocate.

## Issues and analysis

### Issue 1: Whether the application CP.IB/19/CHE/2021 should be dismissed given that a CIRP order has already …

**Ratio:** When a CIRP order has already been passed against a Corporate Debtor, subsequent

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**Reasoning:** The court reasoned that since a CIRP order was already in effect, the current application

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**Interpretation:** This interpretation reinforces the principle that once CIRP is initiated,

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**Application:** The court applied the ratio by dismissing CP.IB/19/CHE/2021, as a CIRP order

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## Parties

- **Judges:** R. Sucha…; SAMEER…
- **Appellants:** Dhaval J Mistry…
- **Respondents:** M/s Poggen-Amp…; Venture Power…
- **Advocates:** Mahar Amuth…; S. Sathiyanarayana…

## Timeline

- **2021-10-04 — CIRP Ord…**: An order of CIRP against the Corporate…
- **2021-10-25 — Hearing…**: Hearing of Chennai Bench held on 2021-10-25…

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