# 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-02752. 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-02752
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/balaji-fiber-reinforce-pvt-ltd-cpib-68ahm2021-5c8af832

## 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. This made the current application redundant.

## Facts

Jushi India Fiberglass Pvt Ltd filed an application against Balaji Fiber Reinforce Pvt Ltd under Section 9 of the IBC. 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 on 11.05.2022. The Corporate Debtor's statement confirmed this, rendering the current application, CP(IB) 68 of 2021, redundant. The applicant was granted liberty to file a claim before the IRP appointed vide order dated 11.05.2022 and to revive the present application if the order dated 11.05.2022 is set aside or CIRP is terminated.

## Issues and analysis

### Issue 1: Whether the application CP(IB) 68 of 2021 is redundant due to the admission of another application …

**Ratio:** When a prior application against the same Corporate Debtor has already been admitted, a

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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 multiple applications for the same cause of action

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**Application:** In this case, the court applied the ratio by acknowledging that CP(IB) 249 of

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## Parties

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

## Timeline

- **2020-01-01 — CP(IB) 249/20…**: CP(IB) 249 of 2020 was filed…
- **2022-05-11 — CP(IB) 249/2020…**: Court-1 of Ahmedabad admitted CP(IB) 249…

## 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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