TMI Blog2022 (4) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... ute towards the CIRP cost. Having participated in all the meetings and have been part of the CoC till date, the CoC members shall satisfy the expenses of the CIRP cost. List all these matters on 11.04.2022 for further hearing. - IBA/267/2019, IA/1146(CHE)/2021, IA/567/CHE/2021 and IA/265/CHE/2021 - - - Dated:- 25-3-2022 - Sucharitha R., Member (J) And Sameer Kakar, Member (T) For Appearing Parties: S. Sathiyanarayanan and A. Vikash, Advocates ORDER 1. IA/1146(CHE)/2021: Mr. S. Sathiyanarayanan, Advocate represents the Applicant/RP through video conferencing platform. This Application is filed under Section 33 of the IBC, 2016. 2. IA/265/CHE/2021 : Mr. A. Vikash, Advocate appears on behalf of Subba Reddy Office for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the premises and not handed over the property to the Applicant herein. 8. However, R1/RP Counsel states that since moratorium is in place, the Corporate Debtor need not vacate the premises of the Applicant and cannot hand over the physical possession of the property. At the same breath, it was submitted that even though the R1 is enjoying the physical possession of the property, he neither recognized the lease agreement with the Applicant nor he paid any rental dues nor he vacated and handed over the premises to the Applicant herein. 9. The only defence taken by the R1/RP is that, since lease deed stands in the name of the R2 and the Applicant herein; therefore, R1 need not pay rental dues but at the same time we do not understand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Santha Kumar is represented by Mr. S. Sathiyanarayanan, Advocate states that Mr. V. Vivek Anand, who is member of the CoC with 87.71% of voting shares refused to contribute towards the CIRP cost. Learned Counsel for the CoC Mr. B. Sarath Babu, Advocate submits that his client is unable to make contributions to the CIRP cost. 13. All claims received by the RP which is enclosed at Page No. 3 of IA/567(CHE)2021 reflects the claims including that of the Statutory Authorities, who are:-Employees Provident Fund Organisation is for a sum of ₹ 12,22,92,047/-, The Assistant Commissioner (State Tax), Chennai is for a sum ₹ 63,56,70,741/- Employees State Insurance Corporation is for a sum of ₹ 84,81,054/- and the Assistant Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be part of the CIRP cost. 20. An e-mail dated 28.01.2022 has also been placed before us sent by Mr. V. Vivek Anand, Operational Creditor who was holding majority share in the CoC to the RP wherein he stated that a client of mine who was the largest operational Creditor wanted to revive the Company with my help during February March 2020 unfortunately the pandemic came in immediately thereafter and the whole world came to a standstill till September 2020. From the mail, it is very clear that the CoC member was actively participating in the CoC meeting and taking steps for revival of the Corporate Debtor and it also emerges from this mail that the CoC member was trying to contact various people to sell the Corporate Debtor as a going C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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