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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 ..... Mr. Ravikumar Duraisamy For the Petitioner: Adv. Shyam Kapadia, PCS Naresh S. Trivedi For the Respondent: Adv. Manoj Munshi ORDER Per V.P. Singh, Member (Judicial) 1. It is a Company Petition filed u/s 7 of Insolvency & Bankruptcy Code, 2016 (IBC) by Alchemist Asset Reconstruction Company Limited, Financial Creditor or Petitioner against Sima Hotels & Resorts Limited, Corporate Debtor to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the same debt and default. 3. It is pertinent to note the judgment of Hon'ble NCLAT in Dr. Vishnu Kumar Agarwal vs. M/s. Piramal Enterprises Ltd., Company Appeal (AT) (Insolvency) 346/2018 order dated 08.01.2019 where it was held as follows: "32. There is no bar in the 'I&B Code' for filing simultaneously two applications under Section 7 against the 'Principal Borrower' as well as the 'Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r one 'Corporate Guarantor' and other 'Corporate Guarantor'), till it is shown that the 'Corporate Debtors' combinedly are joint venture company." 4. In light of the above judgment, 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 adm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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