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TMI Blog2019 (8) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... esent order shall not prejudice or affect right of others creditors, stakeholders as the case may be and they shall be at liberty to agitate their right and claim before appropriate forum including this Court in accordance with the law. - order dated 31.05.2019 recalled. Application allowed. - IA NO. 399of 2019 with CP (IB) No. 388/NCLT/AHM/2018 - - - Dated:- 11-7-2019 - MR HARIHAR PRAKASH CHATURVEDI, MEMBER JUDICIAL For The Applicant : Mr Nipun Singhvi, Vishal J. Dave and Pragati Tiwari, Advs. For The Respondent : Mr Shyamaladhi and S.G. Rajput ORDER 1. The Applicant Resolution Professional is represented through its Counsel. None for the third party Caveator. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Process was published by IRP in two newspapers on 08.06.2019 and claims from creditors were invited. On the basis of claims received, COC was constituted on 28.06.2019. The report certifying constitution of CoC along with list of creditors was filed before Hon ble NCLT Ahmedabad on 01.07.2019. The members took note of publication of public announcement and formation of COC. ii. The IRP shared a list of creditors with members of COC and informed that only one claim from Central Bank of India as financial creditor was received till the last date of submission of the claims. However, some claims were received after the last date are under process of verification. (....4) Action taken by the IRP: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide all detail of assets, accounting books, records etc. of the company but she has provided only records Email and request made to her. She informed that all the employees have left the company and it is very difficult to get the information but she assured in the meeting to provide the information/records with 2/3 days. If it will not receive in that period, the IRP inform to file the application under Section 19 to Adjudicating Authority for non co-operation from personnel of the corporate debtor. The financial creditor has also requested to the director to provide details to complete the information memorandum to be prepare by IRP. v. The IRP informed that there is no cashflow with Company to meet Corporate Insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s conferred under Section 12A of the Insolvency and Bankruptcy Code allow the present application for recording settlement and recalls the Corporate Insolvency Resolution Process but with such observation so as to safeguard adequate the interest of third party stakeholders that the present order shall not prejudice or affect right of others creditors, stakeholders as the case may be and they shall be at liberty to agitate their right and claim before appropriate forum including this Court in accordance with the law. 5. Further, it is reported that the cost and professional fees of the Corporate Insolvency Resolution Process has already been paid to the learned RP by Demand Draft dated 09.07.2019 for an amount of ₹ 1,8,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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