M/s. Rajdhani Metal Ltd Vs M/s. CMI Ltd

National Company Law Appellate Tribunal · Decided on 29 August 2023 · Citation: (2023) 08 NCLT CK 0040

HON’BLE JUDGES

Mahendra Khandelwal, Member (J) · Rahul Bhatnagar, Member (T)

ACTS & SECTIONS REFERRED

Insolvency and Bankruptcy Code, 2016 — Section 9

RESULT

Disposed Of

CASE NUMBER

C.P.IB. 158/ND/2023

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Judgment

2 paragraphs · 149 words

This is a petition under Section 9 of the IBC, 2016. Ld. Counsel on behalf of the Operational Creditor submitted that the Corporate Debtor is already undergoing CIRP vide order dated 28.07.2023 passed in Company Petition IB-820/PB/2022 in the matter of Canara Bank V/s M/s CMI Ltd.

In view of this, Ld. Counsel for the Operational Creditor sought liberty to withdraw the present petition. Liberty is granted to the Petitioner to withdraw the present petition i.e. IB-158/ND/2023 with a liberty to file a fresh petition against the same Corporate Debtor in case the other petition filed by Canara Bank is withdrawn by the Canara Bank. Liberty is also given to the Operational Creditor to file their claim before the Resolution Professional of the other case (Mohit) filed by the Canara Bank. With these observations, the present petition is dismissed as withdrawn. All papers be consigned to the record room.