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TMI Blog2017 (10) TMI 1448X X X X Extracts X X X X X X X X Extracts X X X X ..... cision thereon further the present applicant EXIM Bank should also be given opportunity to put forth its stand before the COC as well as the view of the RP also to be taken into consideration and thus the COC has to take collective decision. The matter be listed on 10th November, 2017 for reporting compliance of the direction issued. - CP No.(IB)24/ALD/2017, CA NO.159/2017 - - - Dated:- 27-10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned action/decision being taken by the RP and on the practice and procedure being adopted by him which raise question on legality and validity of such action/decision. Notwithstanding the above prima facie we are constrained to observe such and without prejudice to right and contention of either parties that the impugned order/decision of the Ld. RP to exclude the EXIM Bank from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he meeting of COC is said to be held on 04.08.2017 afternoon and the legal opinion is received by the office of the RP in forenoon. Further, the RP communicated its decision impugned to the present applicant in forenoon only. Therefore, it seems that without waiting for outcome of COC meeting there is no effective consultation or interaction with the member of COC has been done in a formal m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Essence of the Code. Hence, their energy and efforts should be devoted to the paramount consideration and interest of the corporate debtor company seeking its revival or for resolution plan. As in the present matter more than 200 days has already been passed. Hence, we direct the RP as well as to the COC to convey the meeting of COC in the first week of November and to peruse and consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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