# In the matter of Autopal Industries Ltd. CP No. (IB)-38-9-JPR-2020

> NCLT judgment dated 2022-08-26. Citation: TCN-2022-NCLT-01248. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC),…

- **Court:** NCLT
- **Order date:** 26 Aug 2022
- **Citation:** TCN-2022-NCLT-01248
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/autopal-industries-ltd-cp-no-ib-38-9-jpr-2020-ceca51e2

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. Akhilesh Khandelwal, the Operational Creditor, filed the application against Autopal Industries Ltd., the Corporate Debtor. The Corporate Debtor is already undergoing Corporate Insolvency Resolution Process (CIRP).

## Facts

Akhilesh Khandelwal, the Operational Creditor, filed a petition against Autopal Industries Ltd., the Corporate Debtor, under Section 9 of the IBC, 2016. During the proceedings, it was brought to the court's attention that Autopal Industries Ltd. was already undergoing CIRP. The Operational Creditor expressed their intention to file their claim before the IRP/RP. The court considered this information and the fact that the CIRP was already in progress.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of IBC, 2016 should be disposed of as infructuous given …

**Ratio:** When a Corporate Debtor is already undergoing CIRP, a fresh application under Section 9

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**Reasoning:** The court reasoned that initiating another CIRP when one is already in progress would be

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**Interpretation:** The interpretation is that the IBC framework intends to avoid multiple,

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**Application:** Since Autopal Industries Ltd. was already undergoing CIRP, the court applied

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## Parties

- **Judges:** Deep Chandr…
- **Appellants:** Akhilesh Khandelwa…
- **Respondents:** Autopal Industries…

## Timeline

- **2020-01-01 — CP No. F…**: CP No. (IB)-38/9/JPR/202…
- **2022-08-26 — Order Da…**: Order passed disposing of…

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