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2021 (4) TMI 891

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..... Chandramouli Prabhakar, Advocate ORDER R. Sucharitha, Member (J) 1. Under adjudication is an Application IA/749/IB/2020 in IBA/434/2019 filed by the Liquidator pursuant Regulations 31 & 31A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. The Applicant/Liquidator in this Application the following relief has been sought:- (i) Permit the Applicant herein .....

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..... Corporate Debtor viz. M/s. Santosh Hospitals Private Limited was ordered for Liquidation and the Applicant herein was appointed as the Liquidator. The Learned Counsel for the Applicant submitted as follows: i) In compliance with Regulation 12(3)(a) of the IBBI (Liquidator Process) Regulation, 2016, paper publication intimating the commencement of Liquidation process of Santosh Hospitals Pvt. Lt .....

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..... x Drugs Limited had made a claim amounting to Rs. 19,32,272/- out of which Rs. 9,82,273/- pertained to interest accrued for delayed payment of Rs. 9,50,000/- due from the Corporate Debtor. On examination of claim, the Liquidator had found that there was no provision to charge interest in the invoice raised and no additional contract had been entered into by the parties. Hence, the claim of Rs. 9,5 .....

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..... (a) the amounts of claim admitted, if applicable, (b) the extent to which the debts or dues are secured or unsecured, if applicable (c) the details of the stakeholders, and (d) the proofs admitted or rejected in part, and the proofs wholly rejected. (2) The liquidator shall file the list of stakeholders with the Adjudicating Authority within forty five days from the last date for receipt of cla .....

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..... holders. In the circumstances, we are of the considered opinion that IA/749/2020 deserves to be allowed. 5. Thus, the Liquidator as per Regulation 31(3) of the IBBI (Liquidation Process) Regulations, 2016, is permitted to revise the list of stakeholders of the Corporate Debtor. The Liquidator is directed to file the modified list of stakeholders before this Tribunal within a period of 7 days from .....

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