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2019 (12) TMI 1354 - NATIONAL COMPANY LAW TRIBUNAL , CHENNAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- In the instant Application it is seen that the Interim Resolution Professional has acted as an extra constitutional Authority beyond the scope of the I&B Code, 2106 as well as the Order passed by this Adjudicating Authority in terms of I&B Code, 2016 thereby seriously undermining the CIR Process initiated by this Authority against the Corporate Debtor and rather subverting it. It is required to be noted that immediately after initiation of the CIR Process, it is the bounden duty on the part of the Interim Resolution Professional to issue paper publication calling for the claims from the Creditors in terms of Regulation 6 (1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Debtor) Regulations, 2016, within 3 days from the date of receipt of the copy of the Order and he cannot hold his hands from issuing the said publication under any circumstance. Since this Tribunal as Adjudicating Authority, does not have the power to take action against the Interim Resolution Professional/Resolution Professional/Liquidator, we are constrained to forward this Order along with MA/1327/2109 to the IBBI being the Regulator for a suitable action to be initiated against the Interim Resolution Professional as contemplated under the Scheme of the I&B Code, 2016 and the Regulations framed there under by IBBI, as may be warranted in the circumstances. Registry is directed to communicate the IBBI for suitable and necessary action as against the Interim Resolution Professional.
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