# In the matter of Aarcity Infrastructure Pvt. Ltd.

> NCLT judgment dated 2023-08-16. Citation: TCN-2023-NCLT-02021. The case involves M/s. Sun Control Systems (Partnership Firm) as the petitioner against M/s.…

- **Court:** NCLT
- **Order date:** 16 Aug 2023
- **Citation:** TCN-2023-NCLT-02021
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aarcity-infrastructure-pvt-ltd-c4104094

## Summary

### Background

The case involves M/s. Sun Control Systems (Partnership Firm) as the petitioner against M/s. Aarcity Infrastructure Pvt. Ltd. The matter pertains to Section 9 of the IB Code, 2016. An order dated 18.07.2023 in IB/139/ND/2023 initiated CIRP against Aarcity Infrastructure Pvt. Ltd. in the matter of Euphoria Construction Pvt. Ltd. Vs. Aarcity Infrastructure Pvt. Ltd.

## Facts

M/s. Sun Control Systems (Partnership Firm) filed a case against M/s. Aarcity Infrastructure Pvt. Ltd. under Section 9 of the IB Code, 2016. The court noted that CIRP had already been initiated against M/s. Aarcity Infrastructure Pvt. Ltd. in another case (Euphoria Construction Pvt. Ltd. Vs. Aarcity Infrastructure Pvt. Ltd.) under IB/139/ND/2023, with an order dated 18.07.2023. The Corporate Debtor had paid Rs. 6,00,000/- towards the CIRP cost. The present case, IB/2185/ND/2019, was then dismissed as infructuous along with all IAs.

## Issues and analysis

### Issue 1: Whether the Operational Creditor should be directed to file its claim before the IRP appointed in …

**Ratio:** When CIRP has already been initiated against a Corporate Debtor in another case, it is

…

**Reasoning:** The court reasoned that since CIRP had already been initiated against the Corporate

…

**Interpretation:** This interpretation ensures that all claims against the Corporate Debtor are

…

**Application:** The court applied this principle by directing M/s. Sun Control Systems, the

…

## Parties

- **Judges:** BACHU VENKAT…; RAHUL BHA…
- **Appellants:** M/s. Sun Control…
- **Respondents:** M/s. Aarcity…

## Timeline

- **2023-07-18 — Order in IB/13…**: Order dated 18.07.2023 in IB/139/ND/2023 initiated CIRP against Aarcity Infrastructure…
- **2022-11-01 — Order in the present…**: Order dated 01.11.2022…

## 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)

---

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-division-bench-court-i-chenn/aarcity-infrastructure-pvt-ltd-c4104094