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TMI Blog2019 (12) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... )) And Kanthi Narahari, Member (T) For the Appellant : Ajay K. Jain and Atanu Mukherjee, Advocates For the Respondent : Prashant S. Kenjale, Swapan Pradhan, Shikhil Suri, Shiv Kumar Suri, Shilpa Saini, Nikita Thappar and Vinishma Kaul, Advocates ORDER 1. This appeal is listed with Company Appeal (AT) (Insolvency) No. 943 of 2019 arising out of same Corporate Insolvency Resolution Process (CIRP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant was informed to file Form claiming operational debt, if the appellant wanted to file claim but the same was not filed. It is stated that even from before CIRP starting the Corporate Debtor was not functional or in operation and for such reasons when the resolution plan was approved, no amount towards rent of the machinery during period of CIRP was provided. It is also stated that no prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Bank Limited." 5. Counsel for respondent No. 2 accepts this as the stand of the respondent No. 2. It is stated that in the Company Appeal (AT) (Ins) No. 943 of 2019 (which is above on Board today) in reply of respondent No. 2 (Diary No. 14998) in para 12, 13 it is stated that the plant is in possession of the Janata Sahkari Bank Limited and they have put it up for auction and that respondent No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. As such we direct that the possession of the plant machinery shall be restored to the appellant through Janata Sahkari Bank Limited, Pune. The respondents will act accordingly. The appeal is accordingly disposed of. The claim of the Janata Sahkari Bank Limited with regard to the legal possession of the plant is left open and not disturbed, for the bank to take appropriate action under the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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