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2021 (10) TMI 940 - AT - Insolvency and BankruptcySeeking Liquidation of FDR accounts - Section 10 of the IBC - HELD THAT:- The Appellant have taken objections, no special resolution in terms of Section 10(3)(c) of the Code have been filed by the Respondent No. 1 – Corporate Debtor which is evident at page 1097, Vol.- VI of the Appeal Paper Book. It is also an admitted fact that from the Status Report filed on behalf of the Respondent No. 2 it is crystal clear that the Appellant – RNY Healthcare Services Pvt. Ltd. have filed an Execution Petition against M/s Bourn Hall International India Pvt. Ltd. – Corporate Debtor before the District Judge, Gurgaon in view of Arbitration Award passed by Ld. Arbitrator Mr. R.S. Baswana, District & Session Judge (Retd.) on 06.02.2019 in Arbitration No. 87/2018 against M/s Bourn Hall International India Private Limited & Others and next date in the matter on 19.08.2021. The Appellant have not come with clean hand before this Tribunal and despite directions passed by Ld. Adjudicating Authority the Appellant has not filed claim before the IRP - there is no illegality in the impugned order - Appeal dismissed.
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