Tribunals and CommissionsDivision Bench(2019) 08 NCLT CK 0550

Yogesh Bhardwaj & Ors. vs Three C Projects Pvt. Ltd.

National Company Law Tribunal · Decided on 28 August 2019

HON’BLE JUDGES
M.M. Kumar, President · S.K. Mohapatra, Member (Technical)
CASE NUMBER
C.P. No. IB- 54(PB)/2019

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Judgment

5 paragraphs · 189 words

M.M. KUMAR, PRESIDENT

This order shall dispose of (IB)-54(PB)/2019,(IB)-60(PB)/2019, (IB)-346(PB)/2019, (IB)-615(PB)/2019 & (IB)-723(PB)/2019.

The necessity of going into the merit of the claim made by the petitioners in above mentioned petitions is obviated because against the Corporate Debtor we have admitted another petition namely Shiv Dayal Sharma & Ors. vs Three c Projects Pvt. Ltd., [(IB)-1718(PB)/2018] vide order dated 28.08.2019. 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 claim before the Insolvency Professional namely Mr. Manish Kumar Gupta with the address 404, 4th Floor, Laxmideep Building, 9, Laxmi Nagar District Centre, Vikas Marg, Near V3S Mall, Delhi- 110092, registration number-IBBI/IPA-001/IP-P00225/2017-18/10424, email id manishvivek@yahoo.com and Mobile No. is 9810771477 in accordance with law which shall be duly considered.

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

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