9911796707
TMI Blog2019 (6) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... rs and actions are declared illegal and are set aside. The application preferred by Respondent under Section 9 of the I B Code is dismissed. Learned Adjudicating Authority will now close the proceeding. The Corporate Debtor (company) is released from all the rigour of law and is allowed to function independently through its Board of Directors with immediate effect. Appeal allowed - decided in favor of appellant. - Company Appeal (AT) (Insolvency) No. 287 of 2019 - - - Dated:- 16-4-2019 - Mr S.J. Mukhopadhaya, Chairperson, Mr A.I.S. Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical) For The Appellant : Mr. Sunav Rastogi, Advocate For The Respondents : Mr. G. K. Jain, C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essional for publication of advertisement, etc. 5. Mr. A. Harish, Chartered Accountant, the Interim Resolution Professional also appeared on 15th April, 2019, while he accepted that the Committee of Creditors having not yet been constituted submitted that he is entitled for fee for the working period of 33 days, which was assessed by this Appellate Tribunal at ₹ 2 Lakhs. 6. Today, when the case was taken up, learned counsel appearing on behalf of the Appellant has handed over three Demand Drafts details whereof given below: - ( i) Demand Draft No.994654 dated 18th March, 2019 issued by The Federal Bank for ₹ 66,87,540/- (Rupees Sixty Six Lakh Eighty Seven Thousand Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been paid to the Operational Creditor and the Committee of Creditors has not yet been constituted, we set aside the impugned order dated 11th March, 2019. 9. In effect, order (s), passed by the Adjudicating Authority appointing Interim Resolution Professional , declaring moratorium, freezing of account, and all other order (s) passed by the Adjudicating Authority pursuant to impugned order and action, if any, taken by the Interim Resolution Professional , including the advertisement published in the newspaper calling for applications all such orders and actions are declared illegal and are set aside. The application preferred by Respondent under Section 9 of the I B Code is dismissed. Learned Adjudicating Author ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
