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2021 (11) TMI 869

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..... d with 100% vote. It is noted that RP Sunil Kumar Agrawal has been appointed as liquidator under Section 34 of IBC, 2016 in 11th COC meeting of COC. The consent form AA is annexed herewith as Annexure A-10 - application allowed. - IA-4304/2021 in CP/IB/1443/ND/2019 - - - Dated:- 2-11-2021 - P.S.N. Prasad, Member (J) And Narender Kumar Bhola, Member (T) For the Appellant : Manoj Kumar Garg, Advocate ORDER P.S.N. Prasad, Member (J) 1. This relates to IA-4304/ND/2021 filed in IB/1443/ND/2019 by Mr. Sunil Kumar Agrawal (hereinafter referred to as 'Resolution Professional') under Section 33 of the Insolvency and Bankruptcy Code, 2016. The prayer made in the Application is to pass an order of liquidation pertaining .....

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..... l Financial Statements for 24.12.2019. 6. The form G for Expression of Interest (EOI) was issued on 08.03.2020 and published in two newspapers in Hindi and English on 08.03.2020 under regulation 36A(1) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016. 7. On 12.06.2020 transaction auditors were appointed as transaction auditors under Section 43, 45, 50 66 of IBC, 2016. 8. The RP has not received resolution plan from RA up to 22.11.2020. The Form-G Expression of Interest (Eol) was issued on dated 06.03.2020. The date for the submission of the resolution plan was 07.05.2020. However, due to outbreak of the COVID-19 and announcement of lockdown, no resolution plan could be submitted by the prospective re .....

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..... ublication in newspapers, e-auction, legal advisor, record keeping charges etc was considered and were approved. 15. Further COC has approved the extension of 60 days as per section 12 of IBC because of COVID-2019 lockdown. The CIRP completion date will be on 10.10.2021. The resolution passed in the 10th COC meeting held on 06.08.2021. The tribunal also allowed the application of extension of CIRP period and extended up to 10.10.2021. 16. 11th COC meeting held on 10.09.2021 and a resolution for liquidation of the Corporate Debtor under Section 33 of IBC, 2016 was approved by the COC. The resolution was passed with 100% vote. 17. It is noted that RP Sunil Kumar Agrawal-IBBI/IPA-002/IP-N00081/2017-18/10222 has been appointed as liqui .....

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..... ch transactions as notified by the Central Government in consultation with any financial sector regulator. VI. This Order shall be deemed to be a notice of discharge to the officers, employees and workmen of the Corporate Debtor, except when the business of the Corporate Debtor is continued during the liquidation process by the Liquidator. VII. All the powers of the Board of Directors, Key Managerial Personnel and the Partners of the Corporate Debtor, as the case may be, shall cease to have effect and shall be vested with the Company Liquidator viz., Mr. Sunil Kumar Agrawal. In addition to this, the Company Liquidator shall exercise the powers and duties as enumerated in Sections 35 to 50, 52 to 54 of the I B Code, 2016, r/w Ins .....

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