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M/S Toll Global Forwarding India Private Limited vs M/S SVMR Logistics Private Limited

National Company Law Appellate Tribunal · Decided on 8 January 2020 · Citation: (2020) 01 NCLT CK 0098

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-1262/ND Of 2019
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Judgment

12 paragraphs · 174 words

Hemant Kumar Sarangi, Member (T)

This order shall dispose of (IB)-1262/(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 Indus Container Lines Pvt, Ltd. Vs. M/s SVMR Logistics Pvt. Ltd., [IB-973/(ND)/2019], vide

order dated 06.01.2020. 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. Rajesh Kumar Gupta, having registration No. IBBI/IPA-003/IP-

N00062/2017-18/10548, email address is cmaajitjha@gmail.com and contact number is +91- 9818228882, 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.