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M/S. Fone Tools Pvt. Ltd. vs M/s. Exclusife Technosoft Private Limited

National Company Law Appellate Tribunal · Decided on 28 September 2020 · Citation: (2020) 09 NCLT CK 0011

HON’BLE JUDGES
Dr. Deepti Mukesh, J · Hemant Kumar Sarangi, Member (Technical)
RESULT
Disposed Of
CASE NUMBER
Company Petition No. IB-3505/ND Of 2019

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Judgment

5 paragraphs · 168 words

Hemant Kumar Sarangi, Member (T)

This order shall dispose of (IB)-3505/(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. Gupshup Technology India Pvt. Ltd. Vs. M/s. Exclusife Technosoft Pvt. Ltd., [IB-2694/(ND)/2019], vide order dated 01.09.2020. 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. Ashok Kriplani, having registration No. IBBI/IPA-003/IP-N00009/2016-2017/10071, mobile No.9968489222 and email id ashok.kriplani1956@gmail.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, Operational Creditors and the Corporate Debtor immediately.

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