TMI Blog2022 (6) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... rred in terms of Section 94(4) of the Code. The Application under consideration is in a Form-A format and accompanied with the required fees as prescribed and contains the required details. Thus, prima facie the requirements of Section 94 of the Code are fulfilled. As stipulated under Section 96(1) of the Code interim moratorium commences from the date of filing of the Application under Section 94 or 95. Accordingly, in the instant matter interim moratorium commences from 04.01.2022 i.e., from the date of filing of the instant Application, concerning all the debts, and interim moratorium shall cease to have effect from the date of admission of the Application - As per Rule 6(2) of the Rules, the Guarantor has served a copy of this applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es Development Bank of India ('SIDBI'). Thereafter, pursuant to the default of the Corporate Debtor, the present applicant received a notice dated 28.05.2018 under section 13(2) of the SARFAESI Act, 2002 issued by the Dena Bank, Panch Batti, MI Road, Jaipur Branch seeking invocation of the personal guarantee given by the applicant. 3. It is pertinent to note that this Adjudicating Authority vide Order dated 27.07.2018 admitted an application under Section 9 of the Code seeking Corporate Insolvency Resolution Process ('CIRP') against the Corporate Debtor in the matter of (IB)-601(ND)/2018 title as M/s. Packwell (India) Pvt. Ltd. vs. Emgee Cables and Communications Limited. Thereafter, the Committee of Creditors ('CoC&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Applicant/Debtor during twelve months preceding the date of submission of the instant Application. The Applicant has filed an affidavit stating that she is not barred in terms of Section 94(4) of the Code. The Application under consideration is in a Form-A format and accompanied with the required fees as prescribed and contains the required details. Thus, prima facie the requirements of Section 94 of the Code are fulfilled. 7. As stipulated under Section 96(1) of the Code interim moratorium commences from the date of filing of the Application under Section 94 or 95. Accordingly, in the instant matter interim moratorium commences from 04.01.2022 i.e., from the date of filing of the instant Application, concerning all the debts, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcise all the powers as enumerated under Section 99 of the Code read with Rules made thereunder. He is directed to recheck availability of all information as per the relevant Rules Forms. He is also directed to make recommendations with reasons in writing for acceptance or rejection of this Application within the stipulated time as envisaged under the provisions of Section 99 of the Code. The Resolution Professional shall provide a copy of the report under sub-section 7 of Section 99 to the Applicant/Debtor, all the Financial Creditors and related Corporate Debtors for whom the Applicant is a Personal Guarantor as soon as the same is filed before this Adjudicating Authority. The Applicant shall provide a copy of the Application, if not pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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