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SE Freight And Logistics India Private vs Limited GPR Resources Private Limited

National Company Law Tribunal · Decided on 1 November 2021 · Citation: (2021) 11 NCLT CK 0008

HON’BLE JUDGES
R.Sucharitha, Member (J) · Anil Kumar B, Member (T)
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy Code, 2016 — Section 9 · Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 — Rule 6
RESULT
Disposed Of
CASE NUMBER
IBA/654/2020
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Judgment

5 paragraphs · 264 words

R.Sucharitha, Member (Judicial)

1.

This is an Application filed by M/s. SE Freight and Logistics India Private Limited (hereinafter referred to as "Operational Creditor") under Section 9 of the Insolvency and Bankruptcy Code, 2016 against M/s. GPR Resources Private Limited, (hereinafter referred as the "Corporate Debtor") seeking thereof to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor.

2.

Heard Learned Counsel for the Operational Creditor and perused the documents filed by the parties. The Operational Creditor has claimed the total amount of Rs.4,23,50,495/- as outstanding which is due and payable by the Corporate Debtor.

3.

An Application filed under Section 9 of the I&B Code, 2016 by another Operational Creditor in IBA/582/2020 is being admitted by this Authority vide Order dated 01.11.2021 and Corporate Insolvency Resolution Process (CIRP) having been initiated against the Corporate Debtor and one Ms. Seetha Thelagar, with Reg. No. IBBI/IPA-002/IP-N00755/2019-2020/12805 (email id:- tseetha2002@gmail.com) is appointed as Interim Resolution Professional (IRP). Under the circumstances, we direct the Operational Creditor to lodge the claim as made in this Application before the said IRP within the time limit as specified under the provisions of the I&B Code, 2016, and upon lodging the claim by the Operational Creditor, the IRP to consider the claim on merits and in accordance with the I&B Code, 2016 and other applicable laws, if any. In case, the order in IBA/582/2020 passed by this Authority is set aside by any of the Appellate Authority, liberty is granted to the Operational Creditor to revive this Application before this Authority.

4.

With the above directions, this Application stands closed.