Fresh CIRP barred once insolvency process is already pending; creditor must file its claim before the insolvency professional.

A fresh corporate insolvency resolution process could not be initiated against a corporate debtor already under an admitted CIRP, because the existence of the ongoing insolvency process barred a second proceeding against the same debtor. The petition was therefore not examined on merits and was disposed of as not maintainable. The petitioner was left at liberty to lodge its claim before the insolvency professional in accordance with law.

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Issues: Whether a fresh corporate insolvency resolution process could be initiated against a corporate debtor already undergoing corporate insolvency resolution process, and whether the petitioner should instead be relegated to lodge its claim before the insolvency professional.

Analysis: The petition was not examined on merits because another petition against the same corporate debtor had already been admitted and CIRP had commenced. In that situation, a further CIRP could not be initiated against the same corporate debtor. The petitioner was, however, left at liberty to file its claim before the insolvency professional in accordance with law.

Conclusion: A fresh CIRP against the corporate debtor was held not maintainable and the petitioner was relegated to pursue its claim before the insolvency professional.

Final Conclusion: The petition was disposed of on the ground that the corporate debtor was already subject to CIRP, leaving the petitioner to establish its claim in the ongoing insolvency process.

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