Tribunals and CommissionsDivision Bench(2020) 01 NCLT CK 0846

Mr. Krishan Arora vs M/s. Soni Infratech Private Limited

National Company Law Tribunal · Decided on 3 January 2020

HON’BLE JUDGES
M. M. Kumar, President · S. K. Mohapatra, Member (Technical)
CASE NUMBER
(IB)-801(PB)/2019

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Judgment

4 paragraphs · 188 words

This order shall dispose of (IB)-801(PB)/2019 & (IB)-279(PB)/2019.

2.

The necessity of going into the merit of the claim made by the petitioners in above mentioned petitions is obviated because in respect of the Corporate Debtor NCLT, New Delhi Bench (Court No. II) have admitted another petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 namely Mr. Balram Singh v. M/s. Soni Infratech Private Limited, [(IB)- 2239(ND)/2019] vide order dated 22.11.2019. As per the provisions of Section 11 of the Code, 2016 another Corporate Insolvency Process cannot be initiated against a corporate debtor that is undergoing a corporate insolvency resolution process. However, it is needless to add that the petitioners would be entitled to file their claims before the Insolvency Professional namely Mr. Bhim Sain Goyal with the address 405, Skylark Building, 60, Nehru Place, New Delhi-110019, Registration No. IBBI/IPA-002/IP-N000726/2018-19/12216 in accordance with law which shall be duly considered.

3.

The office is directed to communicate a copy of the order to the Interim Resolution Professional, Financial Creditors and the Corporate Debtor immediately.

4.

The above mentioned petitions are disposed of in the above terms.