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2017 (8) TMI 1529 - AT - Insolvency and BankruptcyAppointment of insolvency resolution professional - HELD THAT - If more than 30 days have passed after the appointment of Interim Resolution Professional, learned Adjudicating Authority will take steps to appoint insolvency resolution professional, and, if so required, may allow the Interim Insolvency Resolution Professional to function as Insolvency Resolution Professional. In view stand taken by Interim Resolution Professional, the appellant is allowed to take part in the meeting of creditors and to deliberate in accordance with law. We have not decided the issue as to whether the Financial Creditor - State Bank of India, if taken over the possession of the land of the Corporate Debtor under the SARFAESI Act, 2002 the said Financial Creditor can be asked to hand over the possession of such land, which may be decided by the learned Adjudicating Authority, if such question is raised by Insolvency Resolution Professional or any Creditor or any other aggrieved person - Appeal disposed off.
Issues Involved:
1. Recognition of financial creditor status by Interim Resolution Professional (IRP) 2. Power of IRP to decide the amount of debt due to a creditor 3. Appointment of Insolvency Resolution Professional 4. Rights of the Financial Creditor under SARFAESI Act, 2002 Recognition of Financial Creditor Status by IRP: The appeal before the National Company Law Appellate Tribunal involved the State Bank of India, a financial creditor, challenging an order regarding cooperation with the Interim Resolution Professional (IRP). The initial order directed the financial creditor to cooperate with the IRP and provide necessary information within the stipulated time. The Appellate Tribunal, in a subsequent order, observed that the IRP should consider the State Bank of India's claim as a financial creditor and requested the appellant to provide evidence to support the claim. The Tribunal did not decide whether the IRP had the power to determine the amount of debt due to a creditor but emphasized that the IRP must act in accordance with the law. Power of IRP to Decide Debt Amount: The Tribunal clarified that the IRP's role is not to decide the amount of debt due to a particular creditor. It highlighted that the IRP's function is to act in accordance with the law and that any decision regarding the creditors' claims should be based on evidence provided by the parties involved. Additionally, the Tribunal mentioned that if more than 30 days have passed after the IRP's appointment, the Adjudicating Authority should take steps to appoint an insolvency resolution professional. Appointment of Insolvency Resolution Professional: Regarding the appointment of an Insolvency Resolution Professional (IRP), the Tribunal stated that if necessary, the Adjudicating Authority may allow the Interim IRP to function as the IRP. This decision emphasizes the importance of timely and proper appointment of professionals in insolvency resolution processes to ensure the smooth functioning of the proceedings. Rights of Financial Creditor under SARFAESI Act, 2002: The Tribunal also discussed the rights of the Financial Creditor, particularly the State Bank of India, under the SARFAESI Act, 2002. It mentioned that the issue of possession of land by the Financial Creditor under the SARFAESI Act should be decided by the Adjudicating Authority if raised by the Insolvency Resolution Professional or any other aggrieved party. The Tribunal did not make a final decision on this matter but highlighted the authority responsible for addressing such disputes. In conclusion, the appeal was disposed of with the above observations, addressing various issues related to the recognition of financial creditor status, the powers of the IRP, the appointment of Insolvency Resolution Professionals, and the rights of Financial Creditors under the SARFAESI Act, 2002. The Tribunal's orders emphasized the importance of adherence to legal procedures and the roles of different parties involved in insolvency resolution proceedings.
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