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TMI Blog2019 (5) TMI 1934X X X X Extracts X X X X X X X X Extracts X X X X ..... e company then another petition based on the same claim can be admitted or not? - HELD THAT:- If a petition is admitted against one company then another petition based on the same claim cannot be admitted. In other words, separate petitions, against different Corporate Debtors, for the same claim cannot be admitted simultaneously. Here, since the petition against the Corporate Guarantor i.e. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Process (CIRP) against the Corporate Debtor on the ground that as on 30.06.2018, the Corporate Debtor has defaulted in making payment of ₹ 131,48,12,681.39/-, as per the decree issued by the Ld. DRT, Mumbai on O.A. No. 224 of 2002 and O.A. No. 33 of 2011, vide order dated 6.5.2011 along with further interest as per the decree issued in favour of IDBI, IFCI and ARCIL. The entire debt was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both the Guarantors . However, once for same set of claim application under Section 7 filed by the Financial Creditor is admitted against one of the Corporate Debtor ( Principal Borrower or Corporate Guarantor(s) ), second application by the same Financial Creditor for same set of claim and default cannot be admitted against the other Corporate Debtor (the Corporate Guarantor(s) or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Here, since the petition against the Corporate Guarantor i.e. Dugal Projects Development Company Private Limited is admitted in CP 2527/2018 vide our order dated 08.05.2019, therefore, the present petition on the same claim cannot be admitted. 6. We make it clear that we have not expressed any opinion on the merits of this case. 7. We at this moment, dismiss this petition as infructuous w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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