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2017 (11) TMI 924 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - eligibility of advocate/lawyer as giving notice as not authorised by 'Board of Directors' of the Respondents - Held that:- In the present case as an advocate/lawyer has given notice and there is nothing on record to suggest that the lawyer has been authorised by 'Board of Directors' of the Respondents - 'Maheshwar Textiles & Anr.' and there is nothing on record to suggest that the lawyer hold any position with or in relation with the Respondents, we hold that the notice issued by the lawyer on behalf of the Respondents cannot be treated as a notice under section 8 of the I & B Code and for that the petition under section 9 at the instance of the Respondents against the Appellant was not maintainable. For the reasons aforesaid, we set aside the impugned order passed by the Adjudicating Authority, New Delhi and allow the appeal. In the result, the appointment of Interim Resolution Professional, order declaring moratorium, freezing of account and all other order (s) passed by the Adjudicating Authority pursuant to impugned order(s) and action taken by the Interim Resolution Professional including the advertisement published in the newspaper calling for applications are declared illegal.
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