Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2021 (6) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 238 - Tri - Insolvency and BankruptcyValidity of conduct of the Operational Creditor which has subverted the entire Corporate Insolvency Resolution Process (CIRP) initiated by this Tribunal against the Corporate Debtor - HELD THAT:- In the instant case on hand, it is required to be noted that upon the Applicant providing the information in relation to his e-mail id to IBBI seeking for empanelment in accordance with procedure laid down as discussed in Takkshill Enterprises [2019 (1) TMI 330 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI], IBBI had forwarded the list of RP's/Liquidator's who can be appointed as such where the Operational Creditor has failed to propose a name and in the main Application in CP/737/IB/2018 since the Operational Creditor had failed to disclose a name of the IRP proposed, this Tribunal chose to appoint the Applicant as the IRP of the Corporate Debtor, M/s. Sandhhya Shipping Services Private Limited and based on the information forwarded by IBBI and as contained in the said list which had also been extracted in order of admission itself passed on 14.03.2019, the Registry of this Tribunal had also duly communicated the same to e-mail id of the Applicant on 19.03.2019. There is no scope for the invocation of the maxim as sought to be relied on, as the facts herein only points out to the absolute negligence on the part of the Applicant to thoroughly verify his e-mail which had resulted in the 'dereliction of duty' on his part as enjoined by the provisions of IBC, 2016. Appeal dismissed.
|