# In the matter of Sion Panvel tollways Pvt. Ltd. C.P. (IB)-71(MB)2019

> NCLT judgment dated 2023-03-17. Citation: TCN-2023-NCLT-04173. The case involves a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016. Ms.…

- **Court:** NCLT
- **Order date:** 17 Mar 2023
- **Citation:** TCN-2023-NCLT-04173
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sion-panvel-tollways-pvt-ltd-cp-ib-71mb2019-1211c102

## Summary

### Background

The case involves a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016. Ms. Tasneem Zariwala i/b Vidhii Partners appeared for the Corporate Debtor. The hearing was conducted virtually.

## Facts

The case is related to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor was represented by Ms. Tasneem Zariwala i/b Vidhii Partners. The petition was rendered infructuous due to a prior order passed in CP (IB) 4776 of 2018. Consequently, the petition was disposed of, but the petitioner was allowed to file their claim before the IRP/RP in the CIRP. The key fact is the existence of a prior order that made the current petition irrelevant.

## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, should be …

**Ratio:** A petition can be rendered infructuous if a prior order addresses the same subject matter

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**Reasoning:** The court reasoned that the order passed in CP (IB) 4776 of 2018 had already addressed

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**Interpretation:** The interpretation is that if a prior order exists that resolves the issues in

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**Application:** The court applied the ratio by determining that the prior order in CP (IB) 4776

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## Parties

- **Judges:** Prabhat…; Kuldip Kumar…
- **Respondents:** MARKOLINE TRAFFIC…; SION PANVEL…

## Timeline

- **2023-03-17 — Order Shee…**: Order sheet of the hearing of Mumbai Bench…

## 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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