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TMI Blog2022 (4) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... o present its claim before the Ld. IRP appointed with C.P.(IB)-2992/ND/2019. No doubt, the detailed order was not passed, but in the interest of justice the application must be allowed and the matter has to be returned to its original position. Although, vide notification dated 24.03.2020, the threshold limit has been increased to 1 crores, but it is matter of fact that the present CP/IB/08/ND/2019 was filed way back on 26.12.2018 and order was passed on 13.04.2021, therefore, the threshold limit should not come in the way of the present applicant as by virtue of Rule 11 of NCLT Rules 2016, only the revival of the present petition has been sought. Further, it is also the matter of fact that this petition was not withdrawn in view of any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 14.01.2021. 3. It is submitted that another related matter being C.P.(IB)-2992/ND/2019 titled Natraj Proteins Limited Vs. Claro Energy Pvt. Ltd. was also filed and pending against the same Corporate Debtor was taken up together and the said matter was also reserved on the same date. Further, this Tribunal admitted the said matter vide judgment dated 13.04.2021 whereby this Tribunal acknowledged the liability of the respondent towards the applicant and directed to file its claim before the IRP appointed for the same Corporate Debtor in another company petition being CP (IB)-2992/ND/2019 by passing the following order:- Against the same corporate debtor claro Energy Private Limited has already been admitted on 13.04.2021 and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vate Limited vide order dated 13.04.2021, CIR proceeding were ordered to be initiated against the Corporate Debtor. On the same date in IB No. 08/ND/2019 the following order was passed:- Against the same corporate debtor Claro Energy Private Limited C.P. No. IB No. 2992ND/2019 has already been admitted on 13.04.2021 and the CIR process is in progress. Accordingly, the applicant in the present application may file their claim before the IRP which shall he considered in accordance with law. It is made clear that if for some reason the order dated 13.04.2021 is set aside by the National Company Law Appellate Tribunal or by Superior Court then liberty is granted to the applicant to file appropriate application for revival of the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present applicant as by virtue of Rule 11 of NCLT Rules 2016, only the revival of the present petition has been sought. 10. Further, it is also the matter of fact that this petition was not withdrawn in view of any settlement rather the order was passed by this Tribunal, whereby the applicant herein was directed to present its claim before the IRP. Once the CIR proceedings stood initiated in the other matter and taking into consideration the fact that two consequent orders qua initiation of CIR proceedings cannot be passed against the same Corporate Debtor, the present IB/08/ND/2019 was disposed of. Then, certainly the present petition is required to be revived, after withdrawal of the said CIRP proceedings under Section 12A of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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