Tribunals and CommissionsDivision Bench(2022) 10 NCLT CK 0444

M/s. BSL Castings Pvt. Ltd. vs M/s. S.D. Engineerstech Pvt. Ltd.

National Company Law Tribunal · Decided on 7 October 2022

HON’BLE JUDGES
Shri P.S.N. Prasad, Member (J) · Shri Rahul Bhatnagar, Member (T)
RESULT
Disposed Of
CASE NUMBER
IB-86/ND/2022

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Judgment

2 paragraphs · 168 words

No one is present on behalf of the Operational Creditor at the time of virtual hearing of the matter. Advocate Srishti Bajpai has appeared on behalf of the Corporate Debtor and submitted that the Corporate Debtor was subjected to CIRP vide order dated 06.10.2022 in Court No. IV, New Delhi in Company Petition No. (IB)-279/(ND)/2022 titled as M/s. Nancy Ispat Private Limited vs. M/s. S.D. Engineers Tech Private Limited. Therefore, the Learned Counsel for the Operational Creditor is directed to approach IRP Mr. Pradeep Kumar appointed in that matter and take steps on priority to lodge the claims of the Operational Creditor.

Since the Corporate Debtor is already subjected to CIRP, the Section 9 application of this Operational Creditor cannot be continued. Therefore, the present Section 9 application is disposed of. However, for any reason if the Corporate Debtor is relieved from the clutches of CIRP, the Operational Creditor can agitate his claims before this Tribunal. The case papers and connected folders may be consigned to record room.