# In the matter of SNS Starch Ltd. IA No. 1213-2020 in CP(IB) No. 639-9-HDB-2019

> NCLT judgment dated 2022-03-22. Citation: TCN-2022-NCLT-03614. The case pertains to CP(IB) No.639/9/HDB/2019 filed under Section 9 of the IBC, 2016. The…

- **Court:** NCLT
- **Order date:** 22 Mar 2022
- **Citation:** TCN-2022-NCLT-03614
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sns-starch-ltd-ia-no-1213-2020-in-cpib-no-639-9-hdb-2019-85f27af4

## Summary

### Background

The case pertains to CP(IB) No.639/9/HDB/2019 filed under Section 9 of the IBC, 2016. The corporate debtor in this case has been put into CIRP. The operational creditor is Sri Vinayaka Traders and the corporate debtor is SNS Starch Ltd.

## Facts

Sri Vinayaka Traders, the operational creditor, filed CP(IB) No.639/9/HDB/2019 against SNS Starch Ltd, the corporate debtor, under Section 9 of the IBC, 2016. The corporate debtor has already been put into CIRP in CP (IB) No.663/9/HDB/2019 on 22.03.2022. The learned counsel for the operational creditor is directed to approach the Interim Resolution Professional (IRP).

## Issues and analysis

### Issue 1: Whether CP(IB) No.639/9/HDB/2019 should be disposed of given that the corporate debtor is already …

**Ratio:** When a corporate debtor is already undergoing CIRP, it is appropriate to direct the

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**Reasoning:** The court reasoned that since the corporate debtor is already undergoing CIRP, the

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**Interpretation:** This interpretation aligns with the objective of the IBC to consolidate claims

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**Application:** The court applied this principle by directing the operational creditor to

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. VEERA BRAHMA…
- **Appellants:** Vinayaka T…
- **Respondents:** SNS Starc…

## Timeline

- **2022-03-22 — Hearing…**: Hearing held on 22-03-2022 at 10:30…
- **2022-03-22 — Corporate Debto…**: Corporate debtor put into CIRP in CP…

## 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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