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2021 (10) TMI 80 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHLiquidation of the corporate debtor - Section 33 (1) of Insolvency and Bankruptcy Code, 2016 - HELD THAT:- In the present case no approval of the CoC has been obtained with respect to filing of this application, rather it has been observed that neither the sole CoC member i.e. the Operational Creditor nor the RP of the Operational Creditor has come forward or appeared before the Adjudicating Authority to move forward with the CIR process of the Corporate Debtor. Further it has been observed that no progress has been made in the CIRP of the Corporate Debtor and neither the Operational Creditor nor the RP of the Operational Creditor is pressing for the CIRP. Even the alleged assignee of the debt of the Operational Creditor, M/s. Terrence Alloys Pvt. Ltd. has not come forward after the rejection of the application for assignment of debt. This bench thinks fit that no orders under Section 33(1) of the code can be passed because none of the criteria for passing the order under Section 33(1) are satisfied hence, this application stands Rejected - Application dismissed.
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