# In the matter of Birla Tyres Limited C.P. (IB)-1547(KB)2020

> NCLT judgment dated 2022-05-13. Citation: TCN-2022-NCLT-02762. The case involves a hearing before the National Company Law Tribunal (NCLT), Kolkata Bench. The…

- **Court:** NCLT
- **Order date:** 13 May 2022
- **Citation:** TCN-2022-NCLT-02762
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/birla-tyres-limited-cp-ib-1547kb2020-061b6cbe

## Summary

### Background

The case involves a hearing before the National Company Law Tribunal (NCLT), Kolkata Bench. The matter concerns Blue Star Limited versus Birla Tyres Limited. CIRP has already been initiated against the Corporate Debtor. C.P. (IB)/1547(KB)2020 has therefore, become infructuous and is dismissed as such.

## Facts

The case involves Blue Star Limited as the Operational Creditor and Birla Tyres Limited as the Corporate Debtor. A prior order dated 05.05.2021 initiated the Corporate Insolvency Resolution Process (CIRP) against Birla Tyres Limited under C.P. (IB)/250(KB)2021. Consequently, the current application, C.P. (IB)/1547(KB)2020, has become infructuous. The Operational Creditor is now directed to file its claim with the IRP.

## Issues and analysis

### Issue 1: Whether C.P. (IB)/1547(KB)2020 should be dismissed as infructuous due to the prior initiation of …

**Ratio:** When a Corporate Insolvency Resolution Process (CIRP) has already been initiated against

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**Reasoning:** The court reasoned that since CIRP had already been initiated against Birla Tyres Limited

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**Interpretation:** This interpretation clarifies that once CIRP is initiated, subsequent

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**Application:** The ratio and reasoning were applied to the facts of the case, leading to the

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Respondents:** Birla Tyres…
- **Advocates:** Avishek…; Chitresh S…; +1 more

## Timeline

- **2021-05-05 — CIRP Init…**: Order dated 05.05.2021 in C.P. (IB)/250(KB)2021 initiated CIRP against the Corporate…
- **2022-05-13 — Hearing…**: Attendance-cum-order sheet of the…

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