# In the matter of Birla Tyres Limited C.P.(IB)-152(KB)2022

> NCLT judgment dated 2022-07-05. Citation: TCN-2022-NCLT-01881. The case pertains to CP(IB)/152(KB)2022 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 5 Jul 2022
- **Citation:** TCN-2022-NCLT-01881
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/birla-tyres-limited-cpib-152kb2022-072c3503

## Summary

### Background

The case pertains to CP(IB)/152(KB)2022 before the National Company Law Tribunal, Kolkata Bench. The Corporate Debtor had already been admitted under the Corporate Insolvency Resolution Process (CIRP) vide order dated 05/05/2022 passed in CP(IB)/250(KB)2021.

## Facts

The State Bank of India filed a case against Birla Tyres Limited. The Corporate Debtor, Birla Tyres Limited, had already been admitted into CIRP under CP(IB)/250(KB)2021, vide order dated 05/05/2022. The Financial Creditor, State Bank of India, had already submitted its claim with the IRP/RP. The current case is CP(IB)/152(KB)2022.

## Issues and analysis

### Issue 1: Whether CP(IB)/152(KB)2022 can be continued given that the Corporate Debtor has already been …

**Ratio:** A petition cannot be continued if the Corporate Debtor has already been admitted into

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**Reasoning:** The court reasoned that since the Corporate Debtor had already been admitted under CIRP

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**Interpretation:** This means that once a corporate debtor is undergoing CIRP under one petition,

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**Application:** Since Birla Tyres Limited was already under CIRP, the court applied the

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Birla Tyres…
- **Advocates:** Mr Debasish…

## Timeline

- **2022-05-05 — Order in CP(IB)/250(KB)2…**: The Corporate Debtor was admitted under CIRP vide order dated 05/05/2022 passed in…
- **2022-07-05 — Hearing of CP(IB)/152(KB…**: Hearing held on 05th July, 2022, where the…

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