9911796707
TMI Blog2021 (9) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... Process under Section 9 of the Insolvency & Bankruptcy Code, 2016 against Mohan Motor Distributors Pvt. Ltd., the Corporate Debtor. 2. The instant Petition had been admitted by the Adjudicating Authority vide Order of this Tribunal dated 24th February, 2020. 3. Upon admission of the Petition, the Adjudicating Authority, vide its said Order dated 24th February, 2020, appointed Mr. Sandip Kumar Kejriwal, as the Interim Resolution Professional and subsequently in the third meeting of the Committee of Creditors, held on 20th August, 2020, it was resolved by the CoC, with 88.35% voting shares, to replace the Interim Resolution Professional. Vide Order dated 23rd February, 2021, the Applicant herein, namely, Mr. Kamal Agarwal, was appointed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng with certificate issued by the Insolvency and Bankruptcy Board of India, IIIP of ICAI and Authorisation for Assignment certificate valid upto 27th December, 2021, are attached as Annexure D to the Application. 7. In view of the facts as stated above, the Applicant has prayed for passing an Order requiring the Corporate Debtor to be liquidated under Section 33(2), in the manner, as laid down under Chapter III of the Insolvency & Bankruptcy Code, 2016 and also to pass an Order under Section 34(1) of the Code, for appointment of the RP as the Liquidator of the Corporate Debtor. 8. The Resolution Professional, having not succeeded in getting any Resolution Plan for the revival of the Corporate Debtor, the Adjudicating Authority has no othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Debtor as per Section 33(7) of the Insolvency & Bankruptcy Code, 2016, except where the business of the Corporate Debtor is being continued as a going concern; v) The Liquidator is directed to proceed with the process of liquidation in a manner laid down in Chapter III of the Insolvency & Bankruptcy Code, 2016. vi) The Registry is directed to communicate this Order to the Registrar of Companies, West Bengal and the Insolvency and Bankruptcy Board of India. 11. The copy of this Order be sent to the Liquidator for taking necessary steps. 12. List this matter on 29th October, 2021 for reporting progress. 13. Urgent certified copy of this Order, if applied for, be supplied to the parties upon compliance of all the requisite formaliti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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