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TMI Blog2021 (8) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... fficiating Chairperson and [Dr. Alok Srivastava] Member (Technical) For the Appellant: Mr. Arun Kathpalia, Sr. Advocate with Mr. Vinod Kothari, Mr. Suyesha Kakarla, Mr. Bharat Sood, Mr. PS Sudheer, Advocates. For the Respondent: Mr. Ravi Raghunath, Mr. Rathina Maravarman, Mr. Aakashi Lodha, Advocates, Mr. Vijay P Lulla, IRP, Mr. Chaitanya Nikte, Advocate for IRP ORDER Heard. 2. Learned Sr. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank. The Document is at Annexure A-4, Page 578. Learned Sr. Counsel submits that Rs. 4 Crores were deposited but by the time the Balance Rs. 36 Crores were to be deposited (for which date was fixed for 31st March, 2020). Lockdown was imposed due to pandemic situation and Section 10A of IBC got attracted. Thus the default could not have been relied on to take action against the Corporate Debtor it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ency of the Application under Section 7 of IBC. On such basis, the Learned Counsel for the Appellant is vehemently submitting that Constitution of the Committee of Creditors (CoC in short) may be stayed. 5. The Learned Counsel for Respondent is also submitting that the matter was argued before the Adjudicating Authority on 08th July, 2021 was Item No. 4 and thus even if the Annexure A-7 is seen t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21. For this reason also, there could be no question of granting any Interim Relief not to constitute CoC. 8. Issue Notice. 9. Learned Counsel for Respondents are present. Respondents to file Reply-Affidavits within two weeks. Rejoinder, if any, may be filed within a week, thereafter. Parties to file brief 'Written-Submissions' not more than three pages along with 'Copies of Judgments' they wish ..... X X X X Extracts X X X X X X X X Extracts X X X X
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