This case involves an application under sections 60(5) and other relevant provisions of the Insolvency and Bankruptcy Code, 2016, read with the National Company Law Tribunal Rules, 2016. The applicant sought orders directing the respondent to withdraw a complaint (Case No. CN/1647 of 2022) filed in the 19th Metropolitan Magistrate at Calcutta and to restrain the respondent from pursuing said complaint. The complaint was instituted by the respondent, Birla Tyres Ltd., against the applicants for Rs. 1,25,800/- on account of delivery and sale of HSS Hack Blades based on a purchase order dated December 21, 2020. The applicant argued that the Corporate Debtor (Birla Tyres Ltd.) is undergoing corporate insolvency resolution process (CIRP) initiated by the Tribunal on May 5,
…1. The respondent, Birla Tyres Ltd., filed a complaint (Case No. CN/1647 of 2022) in the 19th Metropolitan Magistrate at Calcutta against the applicants for Rs. 1,25,800/- related to the delivery and sale of HSS Hack Blades, based on a purchase order dated December 21, 2020.
2. The Corporate Debtor, Birla Tyres Ltd., is undergoing a Corporate Insolvency Resolution Process (CIRP) initiated by the NCLT on May 5, 2022.
3. The applicant claims that creditors of the Corporate Debtor have lodged their claims with the Resolution Professional (RP).
4. The applicant contends that filing a criminal complaint for the same amount of money already claimed in the CIRP is an abuse of the process of law and is barred by sections 236(2) and 63 of the IBC.
5. The applicant sought orders
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Date of the purchase…
Corporate Insolvency Resolution Process (CIRP)…
This case involves an application under sections 60(5) and other relevant provisions of the Insolvency and Bankruptcy Code, 2016, read with the National Company Law Tribunal Rules, 2016. The applicant sought orders directing the respondent to withdraw a complaint (Case No. CN/1647 of 2022) filed in the 19th Metropolitan Magistrate at Calcutta and to restrain the respondent from pursuing said complaint. The complaint was instituted by the respondent, Birla Tyres Ltd., against the applicants for Rs. 1,25,800/- on account of delivery and sale of HSS Hack Blades based on a purchase order dated December 21, 2020. The applicant argued that the Corporate Debtor (Birla Tyres Ltd.) is undergoing corporate insolvency resolution process (CIRP) initiated by the Tribunal on May 5,
…1. The respondent, Birla Tyres Ltd., filed a complaint (Case No. CN/1647 of 2022) in the 19th Metropolitan Magistrate at Calcutta against the applicants for Rs. 1,25,800/- related to the delivery and sale of HSS Hack Blades, based on a purchase order dated December 21, 2020.
2. The Corporate Debtor, Birla Tyres Ltd., is undergoing a Corporate Insolvency Resolution Process (CIRP) initiated by the NCLT on May 5, 2022.
3. The applicant claims that creditors of the Corporate Debtor have lodged their claims with the Resolution Professional (RP).
4. The applicant contends that filing a criminal complaint for the same amount of money already claimed in the CIRP is an abuse of the process of law and is barred by sections 236(2) and 63 of the IBC.
5. The applicant sought orders
Date of the purchase…
Corporate Insolvency Resolution Process (CIRP)…