Deepa Krishan, Member - (1.) M/S R.P. Goel, Proprietor of Parivahan Road Carriers has approached this Tribunal by filing the instant application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity "the Code") with a prayer to trigger the Insolvency Resolution Process in the matter of M/s. Samtel Color Ltd., who has been styled as 'Operational Creditor'. The total amount of default is stated to be Rs. 66,16,402/- including interest as on 23.03.2017 which has remained unpaid by the 'Operational / Corporate Debtor'. It is pertinent to notice that against the same corporate debtor, M/s Samtel Color Ltd. Corporate Insolvency Resolution Process has already been initiated in the case of Punjab National Bank, C.P. No. (IB)-132(PB)/2017 decided on 07.09.2017. The petition has been admitted and Mr. Sanjay Gupta, Address - E-86, Second Floor, Lajpat Nagar-1, New Delhi-110024, email id-sanjay.gupta@aaacapitalservices.com (Regn. No. IBBI / IPA-001 / IP-00117 / 2017-18 /10252) has been appointed as Interim Resolution Professional.
(2.) As Corporate Insolvency Resolution Process has already been initiated against the Corporate Debtor, namely, M/s Samtel Color Ltd. and an Insolvency Resolution Process has been appointed, it would be proper for the present operational creditor, M/s R.P. Goel, Proprietor of Parivahan Road Carriers to become a part of the same Insolvency Resolution Process.
(3.) Therefore, the application is disposed of with the observation that the 'Operational Creditor' may make a claim before the Corporate Insolvency Professional in accordance with the provisions of the Code. The claim shall be duly considered by the Insolvency Professional as per the provisions of the Code and the Rules.;