2019 (5) TMI 1934

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....d Hon'ble Member (Technical) 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 ....

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....rate Guarantor being CP no. 2527/2018 for 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 agains....

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....incipal Borrower' or two 'Corporate Guarantors' or 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 ....