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

> NCLT judgment dated 2022-07-05. Citation: TCN-2022-NCLT-01876. 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-01876
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/birla-tyres-limited-cpib-152kb2022-9f8b4c85

## 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 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, was already 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 petition is CP(IB)/152(KB)2022. The counsel for the Financial Creditor was present during the hearing.

## 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

…

**Reasoning:** The tribunal reasoned that since the Corporate Debtor had already been admitted into CIRP

…

**Interpretation:** This implies that once a CIRP has been initiated and a company is under

…

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

…

## Parties

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

## Timeline

- **2022-05-05 — Order passed in…**: The Corporate Debtor…
- **2022-07-05 — Hearing…**: Hearing on the matter…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/birla-tyres-limited-cpib-152kb2022-9f8b4c85