M.M. Kumar, President - (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. 40,29,186/- is recoverable under the various invoices issued for rendering the services at the behest of 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 is obviated because against the Corporate Debtor we have admitted another petition namely Innovsource Private Limited v. Getit Grocery Private Limited, (IB)-295(PB)/2017) vide a separate order pronounced today. As per the provisions of Section 11 of the Code, 2016 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. Navneet Kumar Gupta, email id navneetkgupta@gmail.com (Mobile No. 9711470807), registration No. IBBI/IPA-001/IP-P00001/2016-17/10009 in accordance with law which shall be duly considered.
(3.) The office is directed to communicate a copy of the order to the Interim Resolution Professional, Operational Creditor and the Corporate Debtor immediately.;