# In the matter of Unibera Developers Private Limited (IB)-642(ND)-2022

> NCLT judgment dated 2023-01-18. Citation: TCN-2023-NCLT-05009. Mr. Vinay Kushwaha & Ors., as financial creditors, filed an application under Section 7 of the…

- **Court:** NCLT
- **Order date:** 18 Jan 2023
- **Citation:** TCN-2023-NCLT-05009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unibera-developers-private-limited-ib-642nd-2022-465c88c0

## Summary

### Background

Mr. Vinay Kushwaha & Ors., as financial creditors, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Unibera Developers Private Limited. However, the Adjudicating Authority noted that a CIRP had already been initiated against the same corporate debtor in another petition, (IB)-505(ND)2022.

## Facts

Mr. Vinay Kushwaha & Ors. filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Unibera Developers Private Limited. The application was filed because Mr. Vinay Kushwaha & Ors. are financial creditors of Unibera Developers Private Limited. The Adjudicating Authority observed that a CIRP had already been initiated against the same corporate debtor, M/s. Unibera Developers Private Limited, in another petition (IB)-505(ND)2022, vide order dated 2023-01-13. Section 11 of the IBC prohibits the initiation of another CIRP against a corporate debtor already undergoing CIRP. The Insolvency Resolution Professional (IRP) for the existing CIRP is Mr. Ashok Kumar Jalan.

## Issues and analysis

### Issue 1: Whether a fresh Corporate Insolvency Resolution Process (CIRP) can be initiated against a Corporate …

**Ratio:** Section 11 of the Insolvency and Bankruptcy Code (IBC), 2016, prohibits the initiation of

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**Reasoning:** The court reasoned that initiating another CIRP against the same corporate debtor would

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**Interpretation:** Section 11 of the IBC is interpreted to mean that once a CIRP has been

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**Application:** In this case, since a CIRP had already been initiated against M/s. Unibera

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## Parties

- **Judges:** L. N. G…; Sh. Ashok Kumar…
- **Appellants:** Vinay Kus…
- **Respondents:** M/s. Unibera…

## Timeline

- **N/A — Application…**: Mr. Vinay Kushwaha & Ors. filed an application under Section 7 of the IBC to initiate…
- **2023-01-13 — Prior CIRP In…**: CIRP was initiated against M/s. Unibera Developers Private Limited in another petition…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11 — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

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