# In the matter of Coromandel Agrico Pvt. Ltd. CP (IB) NO.487-ALD-2019

> NCLT judgment dated 2022-04-19. Citation: TCN-2022-NCLT-03231. An application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016, read with…

- **Court:** NCLT
- **Order date:** 19 Apr 2022
- **Citation:** TCN-2022-NCLT-03231
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/coromandel-agrico-pvt-ltd-cp-ib-no487-ald-2019-e4ead77b

## Summary

### Background

An application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016, read with Rule 4 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by India Glycols Limited, an operational creditor, against Coromandel Agrico Pvt. Ltd., the corporate debtor.

## Facts

India Glycols Limited, the operational creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 against Coromandel Agrico Pvt. Ltd., the corporate debtor. The application was filed before the Allahabad Bench of the National Company Law Tribunal (NCLT). However, the NCLT had already passed an order in CP (IB) No.228/ALD/2018 admitting the corporate debtor into Corporate Insolvency Resolution Process (CIRP). This prior admission of CIRP rendered the current application infructuous.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency & Bankruptcy Code, 2016 is …

**Ratio:** An application under Section 9 becomes infructuous if the corporate debtor has already

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**Reasoning:** The court reasoned that since the corporate debtor was already undergoing CIRP based on a

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**Interpretation:** This interpretation clarifies that multiple applications for initiating CIRP

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**Application:** In this case, the court applied the ratio by declaring the application by India

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## Parties

- **Judges:** SH. RAJASEKHAR…; SH. VIRENDRA…
- **Appellants:** India Glycols…
- **Respondents:** Coromandel Agrico…

## Timeline

- **2022-04-05 — Order Res…**: The order was reserved…
- **2022-04-19 — Order Pron…**: The order was…

## 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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