TMI Blog2020 (1) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... ort "CIRP") of the Corporate Debtor as the Corporate Debtor committed default in paying financial debt of Rs. 38,04,149/- (Rupees Thirty eight Lakh Four Thousand One Hundred and Forty-Nine Only). 2. The following facts are not in dispute. 2.1. On 10.05.2018, the Financial Creditor granted and disbursed a loan of Rs. 40 Lakhs in favour of the Corporate Debtor. The loan was repayable by equitable monthly instalments including interest. The Corporate Debtor committed default in paying loan instalment. Last default took place on 05.03.2019. The loan agreement permits the Financial Creditor to recall loan in case of one default. Hence, this application is filed to start CIRP of the Corporate Debtor. 2.2. Financial Creditor suggested name of o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iation of Corporate Insolvency Resolution Process and call for the submission of claims under Section 15. The public announcement referred to in clause (b) of sub-section (1) of Section 15 of Insolvency & Bankruptcy Code, 2016 shall be made immediately. (iv) Moratorium under Section 14 of the Insolvency & Bankruptcy Code, 2016 prohibits the following: (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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00053, email id- [email protected], is appointed as Interim Resolution Professional for ascertaining the particulars of creditors and convening a Committee of Creditors for evolving a resolution plan. (xi) The Financial Creditor to pay sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to IRP as advance fees as per Regulation 33(2) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulation 2016 which shall be adjusted from final bill. (xii) The Resolution Professional shall conduct CIRP in time bound manner as per Regulation 40A of IBBI (Insolvency Resolution Process for Corporate Persons) Regulation, 2016. (xiii) Registry is hereby directed under section 7(7) of the I.B.Code, 2016 to communicate the order to the Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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