The Tribunal dismissed the insolvency petition as infructuous because the respondent has already filed and obtained admission of a petition against the same corporate debtor in a previous proceeding.
The petition is dismissed as infructuous; the petitioner may raise a claim before the IRP/RP in the earlier admitted case.
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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT No- II
(14) C.P.(IB)-3757(MB)/2019
Adkure Technologies Pvt Ltd
Dated 03rd March, 2021
ORDER
The matter is taken up through Virtual Hearing. No representation for the Petitioner. Adv. Ms. Sayli Petiwale appears for the SIDBI and submits that CP No. 1201/2020 filed by the Bank u/s 7 of the IBC has been admitted by Court No. 5 of this Tribunal on 21.01.2021 against the same Corporate Debtor (Adkure Technologies Pvt. Ltd.). In view of the admission of the Petition against the same Corporate Debtor the present Petition becomes infructuous. Accordingly, the same is dismissed. The Petitioner may approach the IRP/RP appointed in the earlier case raising a claim.
Sd/-
Sd/-
MOHAMMED AJMAL RAVIKUMAR DURAISAMY Member (Judicial) Member (Technical) JD
1 issue framed by the court
Whether the present insolvency petition is maintainable when a petition by the same creditor against the same corporate debtor has already been admitted by another court.
1 provisions across 1 enactments
Adkure Technologies Pvt Ltd
SIDBI
MOHAMMED AJMAL RAVIKUMAR DURAISAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
