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2021 (1) TMI 1131

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..... te Debtor - HELD THAT:- Keeping in view the dictum of the Hon ble Apex Court in Swiss Ribbons and Ors. V. Union of India Ors [ 2019 (1) TMI 1508 - SUPREME COURT] , the Corporate Debtor may avail the opportunity of seeking exit from Corporate Insolvency Resolution Process (CIRP) at the stage of pre-constitution of COC but whether the same takes care of interest of all the stakeholders involved .....

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..... 1135 of 2020 - - - Dated:- 4-1-2021 - JUSTICE BANSI LAL BHAT, ACTING CHAIRPERSON, JUSTICE ANANT BIJAY SINGH, MEMBER (JUDICIAL) AND DR. ASHOK KUMAR MISHRA, MEMBER (TECHNICAL) For the Appellant : Mr. Arvind Kumar Gupta, Ms. Henna George, Mr. Arjun Sheth, Advocates. For the Respondent : Mr. Abhishek Mehta, Advocate for R1. Mr. Keyur Gandhi, Mr. Raheel Patel, Advocate for R2 Mr. .....

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..... lement is a development which took place after the admission of application under Section 9 of the I B Code and the fact that settlement had not been reached prior to the date of passing of the order of admission would not render the order of admission in question flawed on that ground alone. It is submitted by learned counsel for the Appellant that the Committee of Creditors ( CoC for short) h .....

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..... xit from CIRP by filing the terms of settlement and the Adjudicating Authority will have to pass the appropriate order. Since it is submitted by learned counsel for the Appellant that the Adjudicating Authority could not be accessed due to holidays, we deem it appropriate to dispose off this appeal with direction to Appellant to approach the Adjudicating Authority for seeking exit after filing .....

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