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TMI Blog2017 (8) TMI 1571X X X X Extracts X X X X X X X X Extracts X X X X ..... And Mr Balvinder Singh, Member (Technical) For The Appellant : Shri PBA Srinivasan with Ms. Swati Swati Seth, Advocates For The Respondent : Shri Aditya Sharma, Advocate ORDER The respondent-Brian Lau, a resident of 18B, Tower- 2, The Marinella, 9 Welfare Road, Wong Chuk Hang, Hong Kong claimed to be 'Operational Creditor' and preferred an application under Section 7 of the Insolvenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017). According to the appellant- Andhra Bank, they are banker of 'Corporate Debtor'- S3 Electricals & Electronics Private Limited and there is no default shown in the, account. The Andhra Bank is satisfied with the performance of the 'Corporate Debtor'. 3. The appellant-'Corporate Debtor' has assailed the impugned judgement mainly on the ground that: (a) The Adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate - Debtor' before the admission of the application i.e. before passing of impugned order dated 28th June, 2017. He submitted that there are other records, such as 'Unsecured Loan Agreement dated '18th June, 2014' and communications on record to show evidence of default. However, such documents cannot be taken into consideration for the purpose of initiation of Insolvency Resolut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hi in C.P. No. 1251 of 2016. 8. In effect, order(s), if any, passed by the Learned Adjudicating Authority appointing any 'Interim Resolution Professional' or declaring moratorium, freezing of account and all other Order (s) passed by Learned Adjudicating Authority pursuant to the impugned order and action, if any, taken by the 'Interim Resolution Professional', including the adve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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