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TMI Blog2020 (9) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RP seeking approval of the Resolution Plan Admitted claim amount is Rs. 21.29 Crores and amount provided is Rs. 6.79 Crores. Order was reserved by this Adjudicating Authority for pronouncement/approval of Resolution Plan submitted. The above IA (Approval of Resolution Plan) has been allotted to the undersigned for writing judgment and pronouncement. However, in view of the Hon'ble Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 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 mentioned, in the compliance certificate Point No. 15 of Form 'H' i.e. details of Section 66 or avoidance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avit in respect of the above points for approval of Resolution Plan. Time is essence in IBC, (from 17/08/2018 to 06/02/2020). 538 Days have already been passed since the admission of the petition. This Bench has already heard the matter. This IA has been allotted to the undersigned for writing judgement and pronouncement. At this stage, the Hon'ble Member (J) is of the opinion that this Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to submit a duly filled fresh form 'H' (Compliance Certificate) covering all the points of Resolution Process for the perusal and consideration of the approval of the Resolution Plan by the Adjudicating Authority. Since, the Member(J) is of the opinion that this Bench should recuse from this matter, but in my opinion this Bench should not recuse from this IA, the Registry is dire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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