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2017 (8) TMI 1018 - AT - Insolvency and BankruptcyPetition under Insolvency and Bankruptcy Code, 2016 - Held that:- The application preferred by Nikhil Mehta & Sons is to be admitted, and Resolution Process will be initiated, the question of initiation of further proceeding under any of the provisions of I&B Code (Sections 7, 9 or 10) does not arise. The appellants herein, whether they are 'Financial Creditor' or 'Operational Creditor' or 'Secured Creditor' or 'Unsecured Creditor', as claim to be creditors are now entitled to file their respective claims before the 'Interim Resolution Professional', as may be appointed and the advertisement as may be published in the newspaper calling of such application(s) with regard to resolution of 'Corporate Debtor'- AMR Infrastructure Ltd. In such case, their claim should be considered by the Interim Resolution Professional (IRP) and the Committee of Creditors, in accordance with the provisions of the 'I&B Code'. Therefore, no further order is required to be passed in these appeals. In case the application preferred by 'Nikhil Mehta and sons' under Section 7 of I&B Code is not found to be complete or if they fail to complete the defect, if any, as per proviso to Section 7 of I&B Code and in case the said application of 'Nikhil Mehta and Sons' is dismissed on such ground, in such case, as the appellants cannot prefer any application before the Interim Resolution Professional, we give liberty to the appellants to file 'interlocutory applications' in these present appeals for recall of this order for their decision on merit.
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