Dismissed

In the matter of Vrp Buildtech Private Limited IB-100(ND)-2022

NCLT7 Jun 2023

Case brief

AI extract

What is this about?

The Tribunal held that since the corporate debtor is already in CIRP under an earlier petition, the applicant must file a claim before the existing Interim Resolution Professional. The present application was disposed of with liberty to revive if the earlier order is set aside.

What did the court decide?

Directed the Financial Creditor to file an appropriate claim before the existing IRP; application disposed of.

In the matter of Vrp Buildtech Private Limited… — Insolvency and Bankruptcy | NCLT (2023)

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THE NATIONAL COMPANY LAW TRIBUNAL NEW DELHI COURT-III IB-100(ND)/2022

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Order under Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

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IN THE MATTER OF: M/s. AVNISH BUILDERS AND CONTRACTORS

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... Applicant/Financial Creditor

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VERSUS

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M/s. VRP BUILDTECH PRIVATE LIMITED

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... Respondent/Corporate Debtor

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Order Pronounced On: 07.06.2023

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CORAM:

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SHRI BACHU VENKAT BALARAM DAS, HON'BLE MEMBER (JUDICIAL) SHRI ATUL CHATURVEDI, HON'BLE MEMBER (TECHNICAL)

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APPEARANCES:

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For the Applicant : For the Respondent :

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ORDER

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PER: BACHU VENKAT BALARAM DAS, MEMBER (JUDICIAL)

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1. It is seen from the Order dated 30.05.2023 passed in the matter of IB-2765(ND)/2019 titled as M/s. S.P. Town Planner Private Limited vs. M/s. VRP Buildtech Private Limited, that the present Corporate Debtor i.e. M/s. VRP Buildtech Private Limited has already been put under the Corporate Insolvency Resolution Process (“CIRP”) in terms of Section 9 of the IBC, 2016. In the said case Mr. Kamal Agarwal, having Registration No.: IBBI/IPA001/IP-P00868/2017-2018/11466, having Address: 487/27, School Road, Near Peeragarhi Metro Station, New Delhi, 110087

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M/s. Avnish Builders and Contractors vs. M/s. VRP Buildtech Private Limited IB-100(ND)/2022 Date of Order : 07.06.2023

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Page 1 of 2

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has already been appointed by this Adjudicating Authority as Interim Resolution Professional (“IRP”).

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1. The Financial Creditor is hereby directed to file the appropriate claim before the said IRP for due Consideration in the CIRP proceedings of the Corporate Debtor i.e., M/s. VRP Buildtech Private Limited. However, liberty is granted to the Financial Creditor to revive the present petition bearing IB-100(ND)/2022 in case the order dated 30.05.2023 passed in the IB-2765(ND)/2019 is set aside by the Appellate Courts or the said Corporate Debtor enters into any type of settlement with the Financial Creditor in the matter i.e. IB-2765(ND)/2019.

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1. In view of the above, the present Application bearing IB100(ND)/2022 is disposed of .

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The case folders and papers may be consigned to the record room.

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-SD- -SD-

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(ATUL CHATURVEDI) (BACHU VENKAT BALARAM DAS) MEMBER (TECHNICAL) MEMBER (JUDICIAL)

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M/s. Avnish Builders and Contractors vs. M/s. VRP Buildtech Private Limited IB-100(ND)/2022 Date of Order : 07.06.2023

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Page 2 of 2

In the matter of Vrp Buildtech Private Limited IB-100(ND)-2022

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In the matter of Vrp Buildtech Private Limited IB-100(ND)-2022

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