Ssmp Industries Ltd. vs Perkan Food Processors Pvt. Ltd. on 18 July, 2019
6. Learned Counsel for the plaintiff has relied upon the judgment in the
case of SSMP Industries Ltd. vs. Perkan Food Processors Pvt. Ltd.
reported in 2019 SCC OnLine Del 9339 and submitted that unless
the proceeding has the effect of endangering, diminishing, dissipating
or adversely impacting the assets of corporate debtor, it would not be
prohibited under Section 14(1)(a) of the Code. He submits that in the
present case also the plaintiff has not claimed against the defendant
no.2 and as such, there is no bar for making the IRP as party being
the representative of the defendant no.2.