2021 (1) TMI 1188 - Tri - Companies Law

Maintainability of application - Section 19(2) r.w. 74 of IBC, 2016 - HELD THAT - The matter stands adjourned to 11.02.2021 for further consideration.

Summary

Issues involved:
1. Recovery of CIRP costs by RP
2. Challenge to the maintainability of IA No. 348 of 2018
3. RP's application under Section 66 of the IBC, 2016
4. Challenge to the maintainability of IA No. 163 of 2018
5. RP's application under Section 60 of the IBC, 2016
6. RP's application under Section 19(2) r.w. 74 of IBC, 2016
7. RP's application for direction to CoC to submit minutes of CoC meeting

1. Recovery of CIRP costs by RP:
The RP filed IA No. 190 of 2020 seeking recovery of the CIRP costs. The Tribunal directed the Respondent(s) to file a reply within one week by serving an advance copy to the other side.

2. Challenge to the maintainability of IA No. 348 of 2018:
IA No. 348 of 2018 was filed by one of the Respondents challenging the maintainability of the application. IA No. 348 & 163 of 2018 were to be heard together and hence stood adjourned.

3. RP's application under Section 66 of the IBC, 2016:
IA No. 163 of 2018 was filed by the RP under Section 66 of the IBC, 2016. This application was to be heard along with IA No. 348 of 2018 and therefore stood adjourned.

4. Challenge to the maintainability of IA No. 163 of 2018:
IA No. 349 of 2018 was filed under Section 60 of the IBC, 2016 to challenge the maintainability of IA No. 163 of 2018. This application also stood adjourned.

5. RP's application under Section 60 of the IBC, 2016:
IA No. 349 of 2018 was filed under Section 60 of the IBC, 2016 to challenge the maintainability of IA No. 163 of 2018. This application was adjourned for further proceedings.

6. RP's application under Section 19(2) r.w. 74 of IBC, 2016:
IA No. 164 of 2018 was filed by the RP under Section 19(2) r.w. 74 of IBC, 2016, which is a penal section. The Respondent was directed to file a reply within one week by serving an advance copy to the other side.

7. RP's application for direction to CoC to submit minutes of CoC meeting:
IA No. 165 of 2018 was filed by the RP for direction to the CoC to submit minutes of the CoC meeting. The Tribunal found this application not maintainable as the CoC meeting was being conducted by the Resolution Professional. Consequently, IA No. 165 of 2018 was dismissed as infructuous.

The matter was adjourned to 11.02.2021 for further consideration.