In CP(IB)-7(MB)/2020, the NCLT Bombay Bench held that a Section 9 petition against Artedz Fabs Limited became infructuous because the Corporate Debtor was already undergoing CIRP initiated on 18.02.2021 in CP 1098/2020, directing the petitioner to file the claim with the IRP/RP.
Petitioner directed to file claim with IRP/RP; Petition dismissed as infructuous.
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.
NATIONAL COMPANY LAW TRIBUNAL COURT-V, MUMBAI BENCH
(12) C.P.(IB)-7(MB)/2020
CORAM: Present :
SH. CHANDRA BHAN SINGH, MS. SUCHITRA KANUPARTHI, MEMBER (T) MEMBER (J)
ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 04.03.2021.
NAME OF THE PARTIES: M. Sushilkumar
V/s. Artedz Fabs Limited
SECTION : U/s 9 of Insolvency & Bankrutpcy Code, 2016. ORDER
Sd/- Sd/CHANDRA BHAN SINGH SUCHITRA KANUPARTHI Member (Technical) Member (Judicial) Date : 04.03.2021
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1 issue framed by the court
Whether a section 9 petition is maintainable where the Corporate Debtor is already under Corporate Insolvency Resolution Process initiated in another proceeding.
1 provisions across 1 enactments
M. Sushilkumar
Artedz Fabs Limited
Chandra Bhan Singh
Suchitra Kanuparthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
