M/S.Dg Agencies v. M/S.Gfm Retail Private Limited And Another

KRISHNAN RAMASAMY, J.

These applications have been filed to grant an order of interim injunction as prayed for in the respective applications.

2. The learned counsel for the applicant would fairly submit that in the present case, the entire claim is only against the 1st respondentM/s.GFM Retail Private Limited and the said Company is under the Corporate Insolvency Resolution Proceedings before the National Company Law Tribunal, in which the Resolution Professional has also been appointed. Hence, he requests this Court to pass appropriate orders.

3. In reply, the learned counsel for the respondents would submit that if there is any claim against the 1st respondent, the same shall be raised by the applicant before the Resolution Professional by filing the appropriate claims. Hence, he requests this Court to close these applications.

4. The learned counsel for the applicant has accepted the above Page No.1/4

submission and requests this Court to close these applications with liberty to raise their claims before the Resolution Professional and adjudicate the matter in accordance with law.

5. Heard the learned counsel for the applicant and the respondents and also perused the materials available on record.

6. In the present case, it appears that the Resolution Professional was appointed by the NCLT on 18.03.2024. Hence, considering the submissions made by both the learned counsel, this Court is inclined to close these applications by granting liberty to the applicant as prayed above.

7. Accordingly, these applications are closed with liberty to the applicant to approach the Resolution Professional to raise their claims within a period of two weeks from the date of receipt of copy of this order, if the IRP called for claims already, otherwise within the time as provided by the IRP, against the 1st respondent by filing appropriate claims. Page No.2/4

8. Further, the Resolution Professional is directed to accept the claims, if any, filed by the applicant without insisting upon the limitation, in the event if it is expired already.

24.04.2024 nsa Page No.3/4

KRISHNAN RAMASAMY, J.

nsa O.A.Nos.858 to 865 of 2023 & 133 to 138 of 2024 24.04.2024 Page No.4/4