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2020 (2) TMI 1428 - NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- Since the instant case is not yet admitted, another case filed against the same Corporate Debtor viz C.P.(IB)No.389/BB/2019 is filed by M/s. Skylark Ithaca Buyers Welfare Association (Petitioner/Financial Creditor) against the same Corporate Debtor i.e., M/s. Skylark Mansions Private Limited, was admitted by separate Order dated 7-2-2020, by appointing Mrs. Ramanathan Bhuvaneshwari, bearing Registration No. IBBI/IPA- 002/IP-N00306/2017-18/10864, as IRP to initiate Corporate Insolvency Resolution Process (CIRP), imposing moratorium etc. Though, we are convinced with debt and default in question are proved , another Application/Petition against the same Corporate Debtor cannot be maintained. Therefore, the instant Petition can be disposed of by granting liberty to the Petitioner to approach the IRP with its claim.
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