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Judgment
Per: SAMEER KAKAR, MEMBER (TECHNICAL)
This Application has been filed by one RDC Concrete India Private Limited (hereinafter referred to as 'Operational Creditor) on 27.09.2022 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, against Ozone Projects Private Limited (hereinafter referred to as 'Corporate Debtor'). The prayer made is to admit the Application, to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, declare moratorium and appoint Interim Resolution Professional (IRP).
Heard Learned Counsel for the Operational Creditor and Learned Counsel for the Corporate Debtor and perused the documents filed by the parties. The Operational Creditor has claimed the total amount of Rs.1,84,40,986/-(Rupees One Crore Eighty Four Lakhs Forty Thousand Nine Hundred and Eighty Six Only) as outstanding against the Corporate Debtor, including interest, as on 18.08.2022.
An Application filed under Section 9 of the IBC, 2016 by another Operational Creditor in CP(IB)/5/CHE/2023 was being admitted by this Authority vide Order dated 01.05.2023 and Corporate Insolvency Resolution Process (CIRP) having been initiated against the Corporate Debtor and one Mr.Rajendran Shanmugam, Reg.No.IBBI/IPA-002/IP-N00098/2017-18/10241; (Email ID: cs.srajendran.associates@gmail.com) is appointed as Interim Resolution Professional (IRP). Under the circumstances, we direct the Operational Creditor to lodge the claim before the said IRP within the time limit as specified under the provisions of the IBC, 2016 and upon lodging the claim by the Operational Creditor, the IRP to consider the claim on merits and in accordance with the IBC, 2016 and other applicable laws, if any.
With the above directions, this Application stands closed.