In the matter of Sacos Indigo Private Limited
- CitationCP (IB) No. 3582/MB.IV/2018
Ratio decidendi
The rule this decision rests on
The petition under section 9 of the Insolvency and Bankruptcy Code, 2016 becomes infructuous once the Adjudicating Authority has already initiated the corporate insolvency resolution process against the same corporate debtor on an earlier application and appointed an interim resolution professional, and it is therefore liable to be dismissed. Where the operational creditor's claim can be pursued within the already-commenced corporate insolvency resolution process, the operational creditor is granted liberty to file its claim before the interim resolution professional or resolution professional, and any delay in doing so is condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Coram: Mr. Rajasekhar V. K. : Hon’ble Member (Judicial) Mr. Ravikumar Duraisamy : Hon’ble Member (Technical) Appearances: For the Operational Creditor : Mr Ashish Mehta i/b Ethos Legal Alliance, Advocates For the Corporate Debtor : Ms Sunita Sonawane, Advocate ORDER Per: Rajasekhar V. K. Member (Judicial) 1. This is a Company Petition filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Pegasus Inland Container Depot Private Limited (Operational Creditor), seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Sacos
MUMBAI BENCH-IV CP (IB) No.3582/MB/C-IV/2018 Indigo Private Limited [CIN: U24222MH1985PTC214671] (Corporate Debtor), on the ground that the Corporate Debtor failed to make payment of a sum of ₹15,35,900.41 as on 30.06.2018.
2. Vide orderdated 26.05.2020 in CP (IB) No.3580/MB.IV/2018, this Adjudicating Authority has already initiated CIRP against the Corporate Debtor andappointed Mr Shantanu T. Ray [Reg. No.IBBI/IPA-002/IP-N00360/2017-18/11055], having address at No.301, ‘A’ Wing, BSEL Tech Park, Sector 30-A, Opposite Vashi Railway Station, Vashi,Navi Mumbai 400 705 [email: santanutray@aaainsolvency.com, Mobile: 9167086999] as the IRP in the matter.
3. The present petition has, therefore, become infructuous and the same is hereby dismissed. Liberty is, however, granted to the Operational Creditor to file its claim before the IRP/RP appointed in the matter. Delay, if any, in filing the claim with the IRP/RP is hereby condoned.
4. Ordered accordingly. File be consigned to the record.
Sd/- Sd/- Ravikumar Duraisamy Rajasekhar V. K. Member (Technical) Member-(Judicial) 16.07.2020
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