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2018 (10) TMI 1717 - Tri - Insolvency and BankruptcyAdmissibility of application - Initiation of Corporate Insolvency Resolution Process - inability to pay sum towards the supply of various pesticides and herbicides - requirement of consent from the Government under section 16G(1)(c) of the Tea Act, 1953 - section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- Section 16G(1)(c) of the Tea Act states that no proceeding for the winding up of such company or for the appointment of receiver in respect thereof shall lie in any court except with the consent of the Central Government. This provision is applicable to tea companies of which the management is taken over by the Central Government or Tea Board before investigation of affairs of such company or otherwise. In this case, admittedly by Notification No. S. O. 260(E), dated January 28, 2016, Tea Board of India (Ministry of Commerce and Industries) has taken over the affairs and management of the corporate debtor tea company. This petition under section 9 of the I and B Code is not maintainable without consent of the Central Government - this petition under section 9 of the I and B Code cannot be admitted unless the operational creditor seeks consent from the Central Government as per section 16G(1)(c) of the Tea Act, 1953 - petition dismissed.
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