# In the matter of Hansraj Agrofresh Private Limited CP (IB) No. 410-ALD-2019

> NCLT judgment dated 2022-01-31. Citation: TCN-2022-NCLT-04308. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 31 Jan 2022
- **Citation:** TCN-2022-NCLT-04308
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hansraj-agrofresh-private-limited-cp-ib-no-410-ald-2019-23baa3eb

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, Uflex Limited, initiated proceedings against the Corporate Debtor, Hansraj Agrofresh Private Limited. The order was reserved on January 18, 2022, and pronounced on January 31, 2022.

## Facts

Uflex Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Hansraj Agrofresh Private Limited, the Corporate Debtor. The case was registered as CP (IB) No. 410/ALD/2019. Prior to the pronouncement of the order in this case, another order, CP (IB) No. 377/ALD/2019, was passed, admitting the Corporate Debtor into the Corporate Insolvency Resolution Process (CIRP). As a result, the court found the current application to be infructuous. The Operational Creditor was directed to file its claim with the IRP/RP. The court also provided that if the CIRP is set aside by any authority, the Operational Creditor is at liberty to revive the petition.

## Issues and analysis

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

**Ratio:** An application becomes infructuous if the relief sought has already been granted or the

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

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**Interpretation:** The interpretation is that once a corporate debtor is admitted into CIRP, any

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

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Uflex Li…
- **Respondents:** Hansraj Agrofresh…

## Timeline

- **2022-01-18 — Order Res…**: The order in the case was…
- **2022-01-31 — Order Pron…**: The order in the case 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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