# In the matter of Balaji Fiber Reinforce Pvt.  Ltd. C.P(IB)-68(AHM)2021

> NCLT judgment dated 2022-05-13. Citation: TCN-2022-NCLT-02761. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC).…

- **Court:** NCLT
- **Order date:** 13 May 2022
- **Citation:** TCN-2022-NCLT-02761
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/balaji-fiber-reinforce-pvt-ltd-cpib-68ahm2021-223c8ad3

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC). The respondent's counsel stated that Court-1 of Ahmedabad had already admitted CP(IB) 249 of 2020 against the same Corporate Debtor, rendering the current application redundant. The Corporate Debtor's statement further supports the redundancy of the application.

## Facts

Jushi India Fiberglass Pvt Ltd filed an application against Balaji Fiber Reinforce Pvt Ltd under Section 9 of the IBC. During the proceedings, the respondent's counsel informed the court that another application, CP(IB) 249 of 2020, against the same Corporate Debtor had already been admitted by Court-1 of Ahmedabad. The Corporate Debtor also made a statement supporting this fact. Consequently, the current application, CP(IB) 68 of 2021, was deemed redundant. The applicant was given the liberty to file a claim before the IRP appointed vide order dated 11.05.2022 and to revive the application if the order dated 11.05.2022 is set aside or CIRP is terminated by any other mode.

## Issues and analysis

### Issue 1: Whether the application CP(IB) 68 of 2021 should be disposed of as redundant due to the admission …

**Ratio:** An application becomes redundant if another application against the same Corporate Debtor

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**Reasoning:** The court reasoned that since CP(IB) 249 of 2020 had already been admitted against the

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**Interpretation:** The interpretation is that when a prior application for insolvency has been

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**Application:** In this case, the court applied the principle of redundancy because CP(IB) 249

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## Parties

- **Judges:** Dr.Deepti…; Ajai Das Me…
- **Appellants:** Jushi India…
- **Respondents:** Balaji Fiber…

## Timeline

- **2020-01-01 — CP(IB) 249/2020…**: Court-1 of Ahmedabad admitted CP(IB) 249 of…
- **2022-05-11 — IRP Appointme…**: Order appointing the…

## 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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