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M/S. Bookitfree.Com Pvt Ltd vs M/s. Ajanta Offset & Packaging Ltd.

National Company Law Appellate Tribunal · Decided on 5 February 2020 · Citation: (2020) 02 NCLT CK 0175

HON’BLE JUDGES
Dr. Deepti Mukesh, J · Hemant Kumar Sarangi, Member (Technical)
ACTS & SECTIONS REFERRED
Insolvency And Bankruptcy Code, 2016 — Section 11, 12A
RESULT
Disposed Of
CASE NUMBER
Company Petition No. IB-60/ND Of 2020
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Judgment

14 paragraphs · 230 words

Hemant Kumar Sarangi, Member (T)

This order shall dispose of (IB)-60/(ND)/2020.

1.

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 Amritvani Exim Pvt. Ltd. Vs. M/s Ajanta Offset and Packaging Ltd., [IB-1526/(ND)/2019],

vide order dated 04.02.2020. 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. Satya Narayana Guddeti, address at Plot No. 23, 1st Floor,

Durganagar Colony, Punjagutta, West Marredpally, Telangana- 500082, and having registration No. IBBI/IPA- 001/IP-P00632/2017-18/11086 and

email id gsnhyd@rediffmail.com and mobile No. 9246341705, in accordance with law which shall be duly considered.

2.

Applicant is granted liberty to revive the IB application in the event of CIRP on the main case CP IB-1526/(ND)/2019, being set aside by higher

judicial forum or the matter being withdrawn under section 12A by the Applicant therein.

3.

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

immediately.

4.

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