LAWS(NCLT)-2017-10-21

LAKSHMI STEELS Vs. AMRAPALI INFRASTRUCTURE PVT LTD

Decided On October 04, 2017
LAKSHMI STEELS Appellant
V/S
AMRAPALI INFRASTRUCTURE PVT LTD Respondents

JUDGEMENT

(1.) This is a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner claims itself to be an 'Operational Creditor' and has asserted that 'operational debt' for a sum of Rs. 7,03,32,197/- is recoverable under the various invoices issued for supplying the goods to the Corporate Debtor. The whole amount is stated to be in default.

(2.) The necessity of going into the merit of the claim made by the petitioner has been obviated because against the Corporate Debtor we have admitted another petition namely Bank of Baroda v. Amrapali Infrastructure Private Limited, (IB)-123(PB)/2017) vide order dated 25.09.2017. Another Corporate Insolvency Process cannot be initiated against a corporate debtor undergoing a corporate insolvency resolution process. However, it is needless to add that the petitioner would be entitled to file his claim before the Insolvency Professional namely Mr. Rajesh Samson, registration No. IBBI/IPA-001/IP-P00240/2017-18/10469 in accordance with law which shall be duly considered.

(3.) The Petition is disposed of in the above terms.