# In the matter of G B J Hotels Private Limited CP-IB-45-CHE-2021

> NCLT judgment dated 2022-04-19. Citation: TCN-2022-NCLT-03210. The case involves an application filed by Ashish Interbuild Private Limited, the Operational…

- **Court:** NCLT
- **Order date:** 19 Apr 2022
- **Citation:** TCN-2022-NCLT-03210
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/g-b-j-hotels-private-limited-cp-ib-45-che-2021-0e024bc1

## Summary

### Background

The case involves an application filed by Ashish Interbuild Private Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against GBJ Hotels Private Limited, the Corporate Debtor. An application under Section 7 of the I&B Code, 2016, filed by a Financial Creditor in CP/IB/279/CHE/2021 against the same Corporate Debtor was admitted by the Authority vide order dated 19.04.2022.

## Facts

Ashish Interbuild Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against GBJ Hotels Private Limited, the Corporate Debtor. The Operational Creditor seeks to recover outstanding dues from the Corporate Debtor. A separate application under Section 7 of the I&B Code, 2016, filed by a Financial Creditor in CP/IB/279/CHE/2021 against the same Corporate Debtor was admitted by the Authority vide order dated 19.04.2022. Mr. Mahalingam Suresh Kumar was appointed as the Interim Resolution Professional (IRP).

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** The principle is that once an application under Section 7 is admitted and CIRP is

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**Reasoning:** The court reasoned that since an application under Section 7 of the I&B Code had

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**Interpretation:** This interpretation acknowledges the priority and efficiency of addressing

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**Application:** The court applied this principle by directing Ashish Interbuild Private Limited

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## Parties

- **Judges:** R. Sucha…; SAMEER…
- **Appellants:** Ashish Interbuild…
- **Respondents:** GBJ Hotels…

## Timeline

- **2021-01-01 — CP/IB/45/CHE/2…**: Application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Ashish…
- **2022-04-19 — Order Date for…**: Order passed admitting an application filed under Section 7 of the I&B Code, 2016 by a…

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