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Judgment
S. K. Mohapatra, Member
The present Company Petition bearing no. IB. 2331 (PB)/ 2019 has been filed by the Applicants under Section 7 of the Insolvency & Bankruptcy Code, 2016 for initiation of Corporate Insolvency Resolution Process against the respondent corporate debtor, M/s Gayatri Infra Planner Private Limited.
However, against the same corporate debtor, a petition under Section 7 of Insolvency and Bankruptcy Code, 2016 has already been admitted today by this bench in the matter namely, Ms. Mansi Brar Fernandes v. M/s Gayatri Infra Planner Private Limited bearing no. (IB)-752 (PB)/2019.
As per the provisions of Section 11 of the Code, another Corporate Insolvency Process cannot be initiated against a corporate debtor that is undergoing a Corporate Insolvency Resolution Process. Once Corporate Insolvency Resolution Process has already commenced against the respondent corporate debtor, the present petition filed under Section 7 against the self-same corporate debtor has become infructuous.
Accordingly, the present company petition IB 2331 (PB)/ 2019 is disposed of.
However, the applicants would be entitled to file their respective claims before the Interim Resolution Professional namely Mr. Manish Sukhani, registration number IBBI / IPA-001 / IP-P006668/ 2017-18 / 11137 with e-mail id as ca.m.sukhanl@gmail.com, having address at B-213, Orchard Road, all Royal Palms, Aarey Colony, Goregoan, Mumbai-400065, which shall be duly considered in accordance with law.
The IB-2331 (PB) /2019 stands disposed of as having been rendered infructuous with liberty in aforesaid terms.
Let copy of the order be served to the parties.