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Judgment
Rahul Bhatnagar, Member (Technical)
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 same Corporate Debtor NCLT, New Delhi Bench V has admitted another petition namely Canara Bank. v. M/S CMI Limited., [IB-820/PB/2022]. Vide order dated 28.07.2023, the said petition has been admitted and CIRP has been initiated. Therefore, Corporate Insolvency Resolution Process cannot be initiated against a corporate debtor that is already undergoing a corporate insolvency resolution process. However, needless to add, that the petitioners would be entitled to file their claim before the Insolvency Professional, namely Mr. Deepak Maini, (Email – Deepak.maini@insolvencyservices.in) having Registration Number IBBI/IPA-001/IP-P00676/2017-18/11149., in accordance with law which shall be duly considered.
The registry is directed to communicate a copy of the order to the Interim Resolution Professional, Operational Creditors and the Corporate Debtor immediately.
The above-mentioned petition is disposed off in the above terms.