Tribunals and CommissionsDivision Bench(2020) 01 NCLT CK 0079

M/S Alisped India Private Limited vs M/s SVMR Logistics Private Limited

National Company Law Appellate Tribunal · Decided on 8 January 2020

HON’BLE JUDGES
Dr. Deepti Mukesh, J · Hemant Kumar Sarangi, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Company Petition No. IB-778/ND Of 2019

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Judgment

13 paragraphs · 192 words

Hemant Kumar Sarangi, Member (T)

This order shall dispose of (IB)-778/(ND)/2019 & CA 610/ND/2019.

1.

CA 160/ND/2019 has been filed by the Operational Creditor for withdrawal of its main application IB-778/ND/2019. However, this bench has

already admitted another application to initiate Corporate Insolvency Resolution Process (CIRP) in respect of the same Corporate Debtor namely M/s

Indus Container Lines Pvt. Ltd. Vs. M/s SVMR Logistics Pvt. Ltd., [IB-973/(ND)/2019], vide order dated 06.01.2020. Hence, withdrawal of the main

petition at this stage cannot be allowed.

2.

However, it is needless to add, that the petitioners would be entitled to file their claim before the Insolvency Professional, namely Mr. Rajesh

Kumar Gupta, having registration No. IBBI/IPA-003/IP- N00062/2017-18/10548, email address is [email protected] and contact number is +91-

9818228882, in accordance with law which shall be duly considered.

3.

The necessity of going into the merits of the claim made by the petitioner in above mentioned petition is obviated.

4.

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

immediately.

5.

The above-mentioned petition and the CA is disposed of in the above terms.