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2022 (6) TMI 1184 - Tri - Insolvency and BankruptcyLiquidation of Corporate Debtor - appointment of liquidator for undertaking liquidation process - section 33(2) of I B Code - HELD THAT - Since this Adjudicating Authority did not receive any Resolution Plan under Sub-Section (6) of Section 30 of the I B Code, 2016, this Adjudicating Authority deems it proper to allow the Application. This Adjudicating Authority hereby order for Liquidation of M/s. Sesha Saila Power and Engineering Private Limited which shall be conducted in the manner as laid down in Chapter III of part II of the I B Code, 2016 - This Adjudicating Authority hereby appoint Mr. Anil Seetaram Vaidya as Liquidator as resolved by CoC. Application allowed.
Issues:
1. Liquidation of the Corporate Debtor under Section 33(2) of the I&B Code, 2016. 2. Appointment of Mr. Anil Seetaram Vaidya as the Liquidator. 3. Ceasing of moratorium and legal proceedings against the Corporate Debtor. 4. Transfer of powers to the Liquidator and responsibilities during the liquidation process. Analysis: Issue 1: Liquidation of the Corporate Debtor The Tribunal, after considering the lack of any Resolution Plan under Section 30 of the I&B Code, 2016, approved the liquidation application. The Order passed under Section 33(2) of the Code directed the liquidation of the Corporate Debtor, M/s. Sesha Saila Power and Engineering Private Limited, in accordance with Chapter III of Part II of the I&B Code, 2016. Issue 2: Appointment of Liquidator The Tribunal appointed Mr. Anil Seetaram Vaidya as the Liquidator, as proposed by the Committee of Creditors (CoC). The Liquidator was directed to file his consent within seven days and issue a public announcement confirming the commencement of the liquidation process. The Order vested all powers of the Board of Directors in the Liquidator, who would manage the affairs of the Corporate Debtor as per the relevant sections of the I&B Code, 2016. Issue 3: Moratorium and Legal Proceedings The Order declared the cessation of the moratorium under Section 14 of the I&B Code, 2016, from the date of the liquidation order. It specified that no legal proceedings could be initiated against the Corporate Debtor, except by the Liquidator with prior approval. Certain exceptions were noted for legal proceedings related to transactions notified by the Central Government in consultation with financial sector regulators. Issue 4: Powers and Responsibilities during Liquidation During the liquidation process, the Liquidator was tasked with selling the Corporate Debtor or its business as a going concern within 90 days. If unsuccessful, the Liquidator was authorized to sell the assets of the Corporate Debtor. The Order outlined the fee structure for the Liquidator and directed the personnel of the Corporate Debtor to cooperate with the Liquidator in managing the affairs of the company. In conclusion, the Tribunal approved the liquidation of the Corporate Debtor, appointed Mr. Anil Seetaram Vaidya as the Liquidator, specified the cessation of the moratorium, and outlined the powers and responsibilities during the liquidation process, ensuring compliance with the I&B Code, 2016 and relevant regulations.
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