The Tribunal disposed of the application under Section 9 of the IBC as infructuous because a Corporate Insolvency Resolution Process (CIRP) had already been initiated against the same corporate debtor by another court.
Application disposed of as infructuous; liberty granted to file claim with IRP.
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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT-II
14. C.P.(IB)-4754(MB)/2018
CORAM: SHRI H.P. CHATURVEDI, HON’BLE MEMBER (J) SHRI RAVIKUMAR DURAISAMY, HON’BLE MEMBER (T)
ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 09.03.2021
NAME OF THE PARTIES: - Indu Corporation Pvt Ltd
V/s
Thakkarsons Roll Forming Pvt Ltd
Section 9 of Insolvency and Bankruptcy Code, 2016
ORDER
The matter is taken up through Virtual Hearing (VC). Ld. Counsel Mr. Neerav Merchant appears for the Operational Creditor. Heard the Ld. Counsel Mr. Neerav Merchant. Counsel submitted that Court No 5 Mumbai Bench has passed an order dated 19.02.2021 in CP No. 102/2019 against the same Corporate Debtor i.e. Thakkarsons Roll Forming Pvt Ltd. and CIRP proceeding was initiated against the same Corporate Debtor. Therefore, the Present CP(IB) 4754(MB)/2018 has become infructuous and disposed of as infructuous. Liberty is granted to the Operational Creditor to file its claim with IRP,RP. A copy of the order be communicated to the IRP by the Petitioner. File be consigned to records.
Sd/-
RAVIKUMAR DURAISAMY Member (Technical)
Sd/H.P. CHATURVEDI Member (Judicial)
Dated this the 09th day of March 2021 JD
Indu Corporation Pvt Ltd
Thakkarsons Roll Forming Pvt Ltd
H.P. CHATURVEDI
RAVIKUMAR DURAISAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
