# In the matter of Birbhum Chemicals and Fertilisers Ltd.

> NCLT judgment dated 2024-01-08. Citation: TCN-2024-NCLT-03256. The case pertains to Company Petition (IB) No. 222/KB/2023 filed under Section 9 of the…

- **Court:** NCLT
- **Order date:** 8 Jan 2024
- **Citation:** TCN-2024-NCLT-03256
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/birbhum-chemicals-and-fertilisers-ltd-420801cb

## Summary

### Background

The case pertains to Company Petition (IB) No. 222/KB/2023 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. An earlier order dated 08/01/2024 in Company Petition (IB) No. 238/KB/2023 filed by Canara Bank, under Section 7 of the Insolvency and Bankruptcy Code, 2016, admitted the petition and put Birbhum Chemicals and Fertilisers Ltd. under Corporate Insolvency Resolution Process.

## Facts

Mr. Jashim Mondal, the Operational Creditor/Applicant, filed Company Petition (IB) No. 222/KB/2023 against Birbhum Chemicals and Fertilisers Ltd., the Corporate Guarantor/Respondent. Subsequently, Canara Bank filed Company Petition (IB) No. 238/KB/2023 under Section 7 of the Insolvency and Bankruptcy Code, 2016, which was admitted by the Adjudicating Authority. This admission placed Birbhum Chemicals and Fertilisers Ltd. under Corporate Insolvency Resolution Process. Consequently, the court found that the initial application (IB No. 222/KB/2023) had become infructuous.

## Issues and analysis

### Issue 1: Whether Company Petition (IB) No. 222/KB/2023 has become infructuous due to the admission of …

**Ratio:** When a Corporate Debtor is already undergoing Corporate Insolvency Resolution Process

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**Reasoning:** The court reasoned that since Birbhum Chemicals and Fertilisers Ltd. was already under

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**Interpretation:** The interpretation is that once a CIRP is initiated against a Corporate Debtor,

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**Application:** In this case, the court applied the ratio by noting that Canara Bank's petition

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## Parties

- **Judges:** BIDISHA BA…; SHRI. D.A…
- **Appellants:** Jashim M…
- **Respondents:** Birbhum Chemicals…

## Timeline

- **2024-01-08 — Order Date in CP (IB)…**: An Order dated 08/01/2024 was issued in Company Petition (IB) No. 238/KB/2023 filed by…
- **2024-01-08 — Order Date in CP (IB)…**: The court dismissed Company Petition (IB) No. 222/KB/2023 as infructuous due to 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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