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Judgment
ORDER
Per: JUSTICE (RETD) S.RAMATHILAGAM, MEMBER (JUDICIAL)
Under Adjudication is CP(IB)/116(CHE)/2021 that has been filed by Portman India Private Limited (hereinafter referred to as 'Operational Creditor') under Section 9 of the Insolvency & Bankruptcy Code 2016 (in short, 'IBC, 2016') r/w Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against Sical Iron Ore Terminals Limited (hereinafter referred to as 'Corporate Debtor') seeking thereof to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor.
Heard Learned Counsel for the Operational Creditor and perused the documents filed by the parties. The Operational Creditor has claimed the total amount of Rs.1,05,17,538/- as outstanding which due and payable by the Corporate Debtor.
An Application filed under Section 9 of Insolvency and Bankruptcy Code, 2016 by another Operational Creditor in CP(IB)/114(CHE)/2021 is being admitted by this authority vide order dated 28.02.2022 and the Corporate Insolvency Resolution Process (CIRP) having been initiated against the Corporate Debtor and one Mr.S.Shivshanker, with Reg. No. [IBBI/IPA-001/IP-P-02141/2020-2021/13294] (e-mail ID: shivshanker93 @gmail.com) is appointed as Interim Resolution Professional (IRP). Under the circumstances, we direct the Operational Creditor to lodge the claim as made in this Application before the said IRP within time limit as specified under the provision of the IBC, 2016, and upon lodging the claim by the Operational Creditor, the Interim Resolution Professional to consider the claim on merits and in accordance with the IBC, 2016 and other applicable laws, if any. In case the order in CP(IB)/114(CHE)/2021 passed by this authority is set aside by any of the Appellate Authority, liberty is granted to the Operational Creditor to restore this Application before this Authority.
With the above directions, this Application stands closed.