TMI Blog2019 (9) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... s a juristic person can be taken only by the IRP. Petition not maintainable. - W.P.Nos.23936, 23939, 23941 & 23945 of 2019 And W.M.P.Nos.23783, 23785, 23786, 23787, 23789, 23790, 23797 & 23799 of 2019 - - - Dated:- 21-8-2019 - Mr. Justice M. Sundar For the Petitioner : Mr.N.Elumalai (in all W.Ps) For the Respondents : Mr.V.Haribabu Additional Government Pleader (in all W.Ps) COMMON ORDER Mr.N.Elumalai, learned counsel on record for writ petitioner in all four writ petitions and Mr.V.Haribabu, learned Additional Government Pleader, who has accepted notice on behalf of both the respondents in all four writ petitions are before this Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent Appellate Authority in the stay petitions. 6. Learned Revenue counsel raises an objection that the orders made by Original Authority having been carried in appeal before Statutory Appellate Authority cannot now be called in question in these writ petitions alongside challenge to orders made by Appellate Authority in the stay petitions. Be that as it may, it may not be necessary to go into these aspects of the matter as there is a more fundamental preliminary / threshold difficulty for the writ petitioner. 7. Even according to the affidavits filed in support of the instant writ petitions and the typed set of papers filed by the writ petitioner, proceedings against writ petitioner company / dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect from the date of this order till the completion of corporate insolvency resolution process, for the purposes referred to in Section 14 of the I B Code, 2016, We order to prohibit all of the following, namely: (a) The institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) Transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) Any action to foreclose, recover or enforce any security interest created by the corporate debto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;ble Tribunal by order dated 06.06.2017, has appointed a Resolution Professional and the said Resolution Professional is still managing the affairs of the company.' 11. In the light of aforesaid scenario, learned Revenue counsel draws the attention of this Court to Section 17(1)(b) and 17(2) of IBC, which read as follows: '17. Management of affairs of corporate debtor by interim resolution professional .-(1)........... (a)................. (b) the powers of the board of directors or the partners of the corporate debtor, as the case may be, shall stand suspended and be exercised by the interim resolution professional; (c)........ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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