Tribunals and CommissionsDivision Bench(2024) 01 NCLT CK 3056

Ardhendu Bikas Das vs Hiranmaye Energy Limited

National Company Law Tribunal, Kolkata Bench · Decided on 4 January 2024

HON’BLE JUDGES
Rohit Kapoor, Member (Judicial) · Balraj Joshi, Member (Technical)
CASE NUMBER
CP (IB) No. 1531/KB/2019

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Judgment

7 paragraphs · 177 words

ORDER

Per Balraj Joshi, Member (Technical)

1.

This Court convened through hybrid mode.

2.

This is a Company Petition filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (“Code”) by Ardhendu Bikas Das (“Operational Creditor”), a proprietorship firm, seeking to initiate Corporate Insolvency Resolution Process (“CIRP”) against Hiranmaye Energy Limited formerly known as India Power Corporation Limited (“Corporate Debtor”).

3.

On 02.01.2023, vide an order of this Adjudicating Authority, the Corporate Debtor has been admitted in Corporate Insolvency Resolution Process in C.P. (IB) No. 138/KB/2021.

4.

Thus, in view of the above, we hereby dismiss CP (IB) No. 1521/KB/2019 as infructuous. The Operational Creditor is however at liberty to file its claim with the Interim Resolution Professional appointed in C.P.(IB) No. 138/KB/2021, in the specified form. The Operational Creditor shall also be at liberty to revive this petition in case of any settlement between the Financial Creditors and the Corporate Debtor in C.P. (IB) No. 138/KB/2019.

5.

A certified copy of this order may be issued, if applied for, upon compliance with all requisite formalities.