TMI Blog2020 (9) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... the clarifications sought by this Adjudicating Authority in the interest of Justice and achievement of the objectives of the IBC. - IA 29 of 2020 in TP 229 of 2019, CP(IB) 29 of 2018 and IA 280 of 2019 - - - Dated:- 7-2-2020 - Harihar Prakash Chaturvedi , Member ( J ) And Prasanta Kumar Mohanty , Member ( T ) ORDER Learned Adv. Mr. Lalit M Patel, appears for the RP. The arguments in respect of the resolution plan are heard. During the course of argument, learned counsel observed that one of the members of this bench is having personal pre judice about the RP. Therefore, in order to maintain the transparency in the matter and to ensure fairness of justice, this Bench recuse from this Case. Hence, the Registry is direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iance Certificate from RP was not submitted along with Resolution Plans submitted earlier. Learned Counsel appearing on behalf of the RP submitted the form 'H' i.e. compliance certificate (under Regulation 39(4) of IBBI). During the pleadings, it is observed from the Compliance Certificate by this Adjudicating Authority that the RP has mentioned NOT Applicable (NA) instead of Yes or No in the column of Compliance Certificate of Regulation 35(A) where the RP is required to make a determination, if the corporate debtor has been subject to any transaction of the nature covered under Section 43, 45, 50 or 66, before the one hundred and fifteenth day of the Insolvency commencement date under intimation to the Board. The RP has also me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s about irregularities observed in the Compliance Certificate should not matter much as long as the Members of the Bench are honest and sincere to the pie. Moreover, the Learned Lawyer has not sought for change of Bench in this matter. It may not be proper, in my opinion, to fall prey to the improper view/opinion/arguments of the Learned lawyer. Hence, this Adjudicating Authority may take a lenient view at the expression of the learned lawyer on the clarifications sought by this Adjudicating Authority in the interest of Justice and achievement of the objectives of the IBC. The R.P/ Learned Counsel for RP may be directed to submit a duly filled fresh form 'H' (Compliance Certificate) covering all the points of Resolution Process f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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