# In the matter of Hansraj Agrofresh Pvt. Ltd. CP No.(IB) 40-ALD-2019

> NCLT judgment dated 2022-02-02. Citation: TCN-2022-NCLT-04282. The case pertains to CP No.(IB) 40/ALD/2019 before the National Company Law Tribunal, Allahabad…

- **Court:** NCLT
- **Order date:** 2 Feb 2022
- **Citation:** TCN-2022-NCLT-04282
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hansraj-agrofresh-pvt-ltd-cp-noib-40-ald-2019-36047724

## Summary

### Background

The case pertains to CP No.(IB) 40/ALD/2019 before the National Company Law Tribunal, Allahabad Bench. CIRP was initiated against the Corporate Debtor, and an IRP was appointed. The hearing took place on February 2nd, 2022.

## Facts

The matter concerns CP No.(IB) 40/ALD/2019. An order dated January 31st, 2022, in CP No.(IB) 377/ALD/2019, had already initiated the Corporate Insolvency Resolution Process (CIRP) against Hansraj Agrofresh Pvt. Ltd. and appointed an Interim Resolution Professional (IRP). Due to this prior initiation of CIRP, the present petition was deemed infructuous. The operational creditor was directed to file their claim with the IRP. The case was heard on February 2nd, 2022.

## Issues and analysis

### Issue 1: Whether the present petition (CP No.(IB) 40/ALD/2019) should be dismissed as infructuous given the …

**Ratio:** When CIRP has already been initiated against a corporate debtor under another petition, a

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**Reasoning:** The court reasoned that since CIRP had already been initiated and an IRP appointed under

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**Interpretation:** This implies that multiple CIRP proceedings against the same corporate debtor

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**Application:** Given that CIRP was already initiated against Hansraj Agrofresh Pvt. Ltd. under

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** M/s Magpet…
- **Respondents:** Hansraj Agrofresh…

## Timeline

- **2022-01-31 — CIRP Init…**: CIRP initiated against the Corporate Debtor…
- **2022-02-02 — Hearing…**: Hearing for CP No.(IB)…

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