Dismissed

In the matter of Purulia Metal Casting Private Limited [CP(IB)-310(KB)2022]

NCLT20 Oct 2023CP(IB)-310(KB)2022

Case brief

AI extract

What is this about?

The Tribunal held that a petition for initiating CIRP against a Corporate Debtor is infructuous if it has already been admitted under a previous CIRP by the Adjudicating Authority. The petitioner was directed to submit its claim to the Interim Resolution Professional.

What did the court decide?

Petition disposed of as infructuous; petitioner directed to submit claim with Interim Resolution Professional of the admitted CIRP.

In the matter of Purulia Metal Casting Private Limited… — Insolvency and Bankruptcy | NCLT (2023)

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IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH (Court -II) KOLKATA

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CP(IB)/310(KB)2022

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In the matter of:

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An application u/s. 9 of the Insolvency and Bankruptcy Code, 2016 read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016; And

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In the matter of:

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Neelkanth Ores Private Limited having its registered office at 211E, Ozone Plaza, 2^nd Floor, Bank More, Dhanbad 826001, Jharkhand;

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….Operational Creditor

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-Versus-

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Purulia Metal Casting Private Limited having its registered office at 4D/1, 4^th Floor, 31, Ganesh Chandra Avenue, Kolkata 700013, West Bengal.

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….Corporate Debtor

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Order reserved on: 16/10/2023 Order pronounced on: 20/10/2023 Coram: Smt. Bidisha Banerjee : Member (Judicial) Shri Balraj Joshi : Member (Technical)

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Appearances (through hybrid mode):

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For Operational Creditor : Mr. Raj Soinghania, PCA

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O R D E R

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Per: Arvind Devanathan, Member (Technical)

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This petition has been filed u/s.9 of the Insolvency and Bankruptcy Code, 2016 read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 by Neelkanth Ores Private Limited, Operational Creditor against Purulia Metal Casting Private Limited, Corporate Debtor for initiation of Corporate Insolvency Resolution Process (CIRP).

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Page 1 of 2

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IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH (Court -II)

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CP (IB)/310(KB)2022

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This Adjudicating Authority vide its order dated 18/10/2023 in CP(IB)/346(KB)2021 (Subhadra Commercial Private Limited –vs- Purulia Metal Casting Private Limited) has already admitted the Corporate Debtor under CIRP. Therefore, this petition has become infructuous. However, the petitioner in this petition may submit its claim against the Corporate Debtor with the Interim Resolution Professional appointed in CP(IB)/346(KB)2021.

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