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2017 (7) TMI 265 - Tri - Insolvency and BankruptcyApplication under Section 8 and 9 of the Insolvency and Bankruptcy Code, 2016 - default in making the payment of operational debt - Held that:- The Application is admitted. We declare a moratorium in terms of Section 13 of the Code for the interim resolution professional to follow various provision and comply with each one of those. Section 14 of the Code shall also come in operation. The Interim Resolution Professional shall take all steps in terms of Section 13 (2), Section 14 & 15 of the Code. As no insolvency resolution professional has been named by the Applicant we request the Insolvency and Bankruptcy Board of India (IBBI) to appoint one. Let a reference be made to the Insolvency and Bankruptcy Board of India to furnish the name of a resolution professional within a period of ten days in accordance with Section 16(4) who shall, thereafter, perform all functions and duties as per the provisions of Sections 13,14,15,17,18 of the Code so on and so forth. All the personnel of the Corporate Debtor, its promoter or any other person associated with the management of the Corporate Debtor are duty bound to extend all assistance and co-operation to Interim Resolution Professional as may be required for managing the affairs of the Corporate Debtor. In case such co-operation is not rendered, then the interim resolution professional shall be entitled to file application before this Tribunal as per the terms of Section 19(2) of the Code.
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