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2019 (10) TMI 178

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..... ong as the CIRP has already been expired long back i.e. somewhere 16.09.2018. Since, Resolution does not reflect with regard to the appointment of Liquidator, the Adjudicating Authority hereby recommend the name of Mr. Sunil Kumar Agarwal, from the Panel of Insolvency Professionals recommended for appointment as Liquidator for Corporate Debtors located in the States of Gujarat and Madhya Pradesh. RP will discharge his duty till the appointment of Liquidator. Dy. Registrar is directed to refer the matter to the IBBI recommending the name of Liquidator for approval of the name of Liquidator and confirmation thereto. Application allowed.
MS. MANORAMA KUMARI, MEMBER (J) For The Petitioner : Advocate Ms. Kamya Shah, i/b Nanavati Associates .....

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..... de order dated 21.12.2017. It is further submitted by the Learned Lawyer of the RP that due to the non-cooperation of the Corporate Debtor RP failed to retrieve the relevant information to which the Committee of Creditors made a strong observation in the Minutes of Meeting held on 23.01.2018 and unanimously directed the Corporate Debtor to extend the co-operation to the Applicant. The said fact is reflected in the Minutes of first meeting of the Committee of Creditors. 3. The RP vide a paper advertisement, published an expression of interest in the "Economic Times" and "Divya Bhaskar" dated 25.04.2018 for revival of Corporate Debtor setting the last date as 04.05.2018. Thereafter, in 7th meeting of the Committee of Cred .....

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..... Resolution Professional invited the voting on the proposal for filing the liquidation application subject however to outcome of the application of Resolution Applicant filed in NCLT dated 12.09.2018. Representative of Bank of India opposed to filing the liquidation application subject to outcome of the application filed by Resolution Applicant but stated that in view of no resolution plan is received by COC u/s 33(1)(a), the company is going in auto liquidation mode. Therefore, he voted against the proposed resolution. Resolution no. 5 Resolved that the Resolution Professional be and is hereby authorized to file the Liquidation Application u/s 33(1)(a) in view of the fact that no Resolution Plan is received by COC till date subject .....

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