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2021 (5) TMI 109

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..... in the specified form within 10 days from the date of receipt of this order. Post for further orders on 26.04.2021. - IA/1123(CHE)/2020 in IBA/1062/2019 - - - Dated:- 16-4-2021 - Sucharitha R., Member (J) and Anil Kumar B., Member (T) For the Appellant : V. Prakash, Advocate ORDER Sucharitha R., Member (J) 1. This Application has been filed under Section 33(2) read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016 by the Applicant/RP Mrs. Renuka Devi Rangaswamy seeking relief as follows: Pass an Order directing liquidation of the Corporate Debtor i.e. Rocana Infrastructure Private Limited in the manner as laid down in Chapter III of the IBC . 2. The Counsel for the Applicant states that the main .....

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..... d 30.01.2020 addressed to the suspended director of Corporate Debtor and response dated 04.02.2020 by suspended director are annexed herewith by the Applicant as Annexure A-5 and A6 respectively. 5. The Counsel for the Applicant states that the 1st CoC meeting was scheduled on 17.02.2020 at the premises of Income Tax Department and the same was not conducted due to the non-cooperation of the only Operational Creditor and the Applicant had to adjourn the meeting to 18.02.2020. Even on 18.02.2020, neither this Operational Creditor nor the suspended directors of the Corporate Debtor turned up to the meeting. 6. After the constitution of CoC, the Applicant also received claim from M/s. Siva Industries and Holdings Limited ( SIHL ) through .....

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..... to appoint the Applicant as the Resolution Professional of the Corporate Debtor in the 1st CoC meeting held on 20.03.2020. The Applicant was unable to proceed with the immediate filing of liquidation application before this Adjudicating Authority due to the prevailing Covid-19 pandemic and the lockdown restrictions. 9. The Applicant Counsel further states that the Applicant is indisposed to act as a liquidator and hence prayed this Adjudicating Authority to appoint a Liquidator in accordance with Section 34(5) of the IBC. 10. The Applicant Counsel further submits that in the said CoC meeting, it was decided to file an application before this Adjudicating Authority for liquidation of the Corporate Debtor. 11. In this case, the learn .....

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