The Tribunal disposed of the application noting an insolvency resolution process was already admitted for the same corporate debtor, directing the applicant to file a claim before the interim resolution professional instead.
Applicant directed to file claim before the IRP.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL
COURT NO. IV, NEW DLEHI
(IB)- 924(ND)/2019
IN THE MATTER OF:
Mr. Satya Mishra & Anr. Vs
….Applicant
M/S JC World Hospitality Private Limited
….Respondent
SECTION:
Under Section 7 of Insolvency & Bankruptcy Code
Order delivered on 13.12.2019
Coram:
DR. DEEPTI MUKESH HON’BLE MEMBER (Judicial) SH. HEMANT KUMAR SARANGI HON’BLE MEMBER (Technical)
PRESENTS: For the Applicant(s) : Mr. Jitendra Kumar, Adv. For the Respondent : Mr. V.K. Garg, Adv. Mr. Akshat Pandey, Adv. Mr. Sumit Roy, Adv. Mr. Varun Pandey, Adv. Ms. Noopur Dubey, Adv.
ORDER
Against this corporate debtor M/S JC World Hospitality Private Limited C.P. No. (IB)-256(ND)/2019 has already been admitted on 13.12.2019 and the CIR Process is in progress. Since two CIRP order
cannot be passed against the same corporate debtor, the applicant in the present application is permitted to filed its claim before the IRP which shall be considered in accordance with law. It is made clear that if for some reason the order dated 13.12.2019 is set aside by the National Company Law Appellate Tribunal or by Superior Court then liberty is granted to the applicant to file appropriate application for revival of the application in the present case.
C.P. (IB)-924(ND)/2019 stands disposed of in terms of above order.
Sd/Sd/-
(HEMANT KUMAR SARANGI) (DR. DEEPTI MUKESH) MEMBER (T) MEMBER (J)
1 issue framed by the court
Whether to admit an application filed under Section 7 of the Insolvency and Bankruptcy Code when proceedings are already pending against the same corporate debtor.
1 provisions across 1 enactments
Mr. Satya Mishra & Anr.
M/S JC World Hospitality Private Limited
DR. DEEPTI MUKESH
HEMANT KUMAR SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
