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Drip Capital Inc. vs M/S M.K. Overseas Pvt. Ltd.

National Company Law Appellate Tribunal · Decided on 19 September 2019 · Citation: (2019) 09 NCLT CK 0084

HON’BLE JUDGES
Dr. Deepti Mukesh, J · Hemant Kumar Sarangi, Member (Technical)
ACTS & SECTIONS REFERRED
Insolvency And Bankruptcy Code, 2016 — Section 11
RESULT
Disposed Of
CASE NUMBER
Company Petition No. IB-1206/ND Of 2019
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Judgment

12 paragraphs · 177 words

Hemant Kumar Sarangi, Member (T)

This order shall dispose of (IB)-1206/(ND)/2019.

The necessity of going into the merit of the claim made by the petitioner in above mentioned petition is obviated because in respect of the Corporate

Debtor we have admitted another petition namely M/s. Mayoga Investments Ltd. Vs. M/s M.K. Overseas Pvt. Ltd., [IB-1731/(ND)/2019], vide order

dated 20.09.2019. As per the provisions of Section 11 of the Code, 2016 another Corporate Insolvency Resolution 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. Suresh Kumar Jain, address at 3775/3 Kanhaiya Nagar, Delhi â€" 110035 and having

registration No. IBBI/IPA-001/IP-P01179/2018-19/11839, mobile No. 9911219473 and email id suresh1958@rediffmail.com, 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.

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