TMI Blog2019 (10) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor, M/s Aeon Manufacturing Pvt. Ltd., is hereby admitted - Moratorium declared. - CP(IB) No. 683/KB/2018 - - - Dated:- 30-10-2019 - Shri Jinan K.R., Member (Judicial) And Shri Harish Chander Suri, Member (Technical) For the Financial Creditor: Ms. Anindita Das, Advocate And Ms. Trisha Saha, Advocate For the Corporate Debtor: Mr. Shaunak Mitra, Advocate And Mr. Sayantak Das, Advocate ORDER Per Shri Harish Chander Suri, Member (Technical) 1. The CP(IB) No. 683/KB/2018, is an Application filed by Bank of India, through Shri Kartick Chandra Samanta, Chief Manager, C IC Department, Bank of India, Kolkata Zone, hereinafter referre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated first charge in favour of the Financial Creditor. As per the CIBIL report filed by the Financial Creditor, along with the Application, the Corporate Debtor has been shown as the willful defaulter. The Financial Creditor has also filed balance confirmation letter dated 19-12-2015, issued by the Corporate Debtor confirming and acknowledging the indebtedness to the Bank of India, Financial Creditor, and confirmed having created the securities, documents, in favour of the Financial Creditor and acknowledging their liability and obligations under the same. Similar confirmation was also sent by the Guarantors, acknowledging their liability on their agreement of guarantee executed. The Financial Creditor has also filed financial statement for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the pendency of the OTS, this application has been filed. 6. The Ld. Counsel for the Corporate Debtor has submitted that the authorised person of Bank of India has no authority to file this Application because it is not supported by the Board resolution. However, the Ld. Counsel for the Financial Creditor has submitted that the General Manager of Bank of India had authorised various officers who have further authorised this Officer to file the Application under Section 7 of the Insolvency Bankruptcy Code, 2016 and that the Board resolution in that regard, is also annexed along with the approval of the Memorandum of the Board, whereby the specific authority has been given to the authorised person. 7. The Ld. Counsel for the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor, M/s Aeon Manufacturing Pvt. Ltd., is hereby admitted. ii) Moratorium is declared for the purposes referred to in Section 14 of the Insolvency Bankruptcy Code, 2016. The IRP shall cause a public announcement of the initiation of Corporate Insolvency Resolution Process and call for the submission of claims under Section 15. iii) Moratorium under Section 14 of the Insolvency Bankruptcy Code, 2016 prohibits the following:- a) The institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Floor, Room No. 5A, 41, BB Ganguly Street, Kolkata, West Bengal 700012, an Insolvency Professional, registered with ICAI Insolvency Professionals Agency, having registration number IBBI/IPA-OOI/IPP00188/2017-18/10367, E-mail ID: rajsinghania ca@yahoo.co.in, Mobile No. 9830227678, is hereby appointed as Interim Resolution Professional by this Tribunal for ascertaining the particulars of creditors and convening a meeting of Committee of Creditors for evolving a resolution plan. ix) The Interim Resolution Professional should convene a meeting of the Committee of Creditors and submit the resolution passed by the Committee of Creditors and shall identify the prospective Resolution Applicant within 105 days from the insolvency commencement da ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
