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2021 (11) TMI 869

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..... tion pertaining the Corporate Debtor viz., M/s. Growth ways Trading Private Limited. 2. Originally IB/1443/ND/2019 filed under Section 10 of the I & B Code, 2016 by the Corporate Debtor was admitted by this Authority vide Order dated 17.12.2019, the CIR Process was initiated against the Corporate Debtor and the Applicant viz., Mr. Sunil Kumar Agrawal was appointed as Interim Resolution Professional (IRP). 3. It is averred that pursuant to the Order of this Authority dated 17.12.2019 the IRP had taken over the management of the Corporate Debtor and had issued the Newspaper Publication dated 26.12.2019 in two editions one in English and another in vernacular as per Regulation 6(1) of the Insolvency and Bankruptcy Board of India (Insolvency .....

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..... esolution applicant. 9. The COC has decided in the 6th COC meeting held on 22.01.2021 seeking exclusion and extension of CIRP period from 25.03.2020 to 31.12.2020 by excluding 282 days from the CIRP process due to COVID-19 and the application was allowed by this tribunal. 10. The IRP was appointed as Resolution Professional (RP) in the sixth COC meeting held on 22.01.2021. 11. The COC has appointed M/s. Amit Ishwar Singh and Company for physical verification of Inventory at Godown Village Kabulpur, Ballabgarh, Faridabad. The inventory at Godown village Kabulpur, Ballabgarh, Faridabad. The inventory includes item i.e., apparels, jeans, T-shirts, shirts, suits, sarees, body warmer, jacket, blazer etc. 12. The COC has appointed Legal advis .....

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..... on 34 of IBC, 2016 in 11th COC meeting of COC. The consent form AA is annexed herewith as Annexure A-10. ORDER 18. In view of the facts and circumstances recorded by Resolution Professional in IA/4304/2021 filed in CP/IB/1443/ND/2019 and in exercise of powers conferred under Sub-Clauses (i)(ii) and (iii) of Clause (a) of Sub-Section (1) of Section 33 of the I & B Code, 2016, this Authority proceeds to pass Liquidation Order as follows:- I. This Authority hereby orders for liquidation of the Corporate Debtor viz., M/s. Growthways Trading Private Limited which shall be conducted in the manner as laid down in Chapter III of part II of the I & B Code, 2016; II. This Authority hereby appoints Mr. Sunil Kumar Agrawal-IBBI Registration-IBBI/ .....

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..... quidation Process) Regulations, 2016. VIII. The personnel of the Corporate Debtor shall extend all assistance and co-operation to the Liquidator as may be required by him in managing the affairs of the Corporate Debtor. IX. The Company Liquidator shall be entitled to charge such fees for the conduct of the liquidation proceedings and in such a proportion to the value of the liquidation estate assets as specified under Regulation 4(2) of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. X. The Registry is directed to communicate this order with immediate effect to the concerned Registrar of Companies, RD, OL, Registered Office of the Corporate Debtor and Company Liquidator viz. Mr. Sunil Kumar Agrawal, f .....

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