# In the matter of Vicor Stainles Pvt. Ltd. C.P.  (I.B) No. 814-NCLT-AHM-2019

> NCLT judgment dated 2020-06-11. Citation: TCN-2020-NCLT-01184. The case pertains to C.P. (I.B) No.814/NCLT/AHM/2019 before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 11 Jun 2020
- **Citation:** TCN-2020-NCLT-01184
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/vicor-stainles-pvt-ltd-cp-ib-no-814-nclt-ahm-2019-ed77e6a3

## Summary

### Background

The case pertains to C.P. (I.B) No.814/NCLT/AHM/2019 before the National Company Law Tribunal (NCLT), Ahmedabad Bench. The hearing took place on June 11, 2020. The applicant is Khyati Hiren Patel, Proprietor of Khaalin Implex, and the respondent is Vicor Stainles Pvt Ltd. The application was filed under Section 9 of the Insolvency and Bankruptcy Code.

## Facts

Khyati Hiren Patel, Proprietor of Khaalin Implex, filed an application against Vicor Stainles Pvt Ltd under Section 9 of the Insolvency and Bankruptcy Code. During the hearing on June 11, 2020, both parties submitted that an application under Section 9 of the IB Code had already been admitted against the same Corporate Debtor on March 12, 2020, in CP(IB) No. 98/2020. Because of this prior admission, the court deemed the instant application infructuous.

## Issues and analysis

### Issue 1: Whether the instant application under Section 9 of the Insolvency and Bankruptcy Code should be …

**Ratio:** An application becomes infructuous if a similar application against the same corporate

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**Reasoning:** The court reasoned that since an application under Section 9 of the IB Code had already

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**Interpretation:** The interpretation is that once an application for insolvency resolution has

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**Application:** The ratio and reasoning were applied to the facts of the case, where a prior

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## Parties

- **Judges:** Manorama…
- **Appellants:** Khyati Hiren…
- **Respondents:** Vicor Stainles…
- **Advocates:** Prachiti…; Tirth N…

## Timeline

- **2020-03-12 — Prior Application…**: An application under Section 9 of the IB Code was admitted against the same Corporate…
- **2020-06-11 — Hearing…**: Hearing of the case before the Ahmedabad…

## 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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