MAGMA FINCORP LTD Vs. AMRAPALI INFRASTRUCTURE PVT LTD
LAWS(NCLT)-2017-9-137
NATIONAL COMPANY LAW TRIBUNAL
Decided on September 25,2017

MAGMA FINCORP LTD Appellant
VERSUS
AMRAPALI INFRASTRUCTURE PVT LTD Respondents

JUDGEMENT

M.M.Kumar, President - (1.) This is a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016. The petitioner claims itself to be an 'Financial Creditor' and has asserted that 'financial debt' for a sum of fits. 1,11,50,922/- (Rupees One Crore Eleven Lac Fifty Thousand Nine Hundred Twenty Two) is recoverable as per his books of accounts. 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 a separate order pronounced today. 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.;


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