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TMI Blog2019 (10) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... ional Mr. Martin S.K. Golla stopped functioning i.e. from 8th December, 2019 to 11th January, 2019 till the subsequent Resolution Professional (present Liquidator) took charge to place the application under Section 12A before the Committee of Creditors . The impugned order dated 8th March, 2019 including the order of liquidation is set aside and 35 days excluded from the date of receipt of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, whereby an application under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 ( I B Code for short) filed by the Resolution Professional for exclusion of certain periods has not been allowed and in effect passed the order of liquidation against the Corporate Debtor . 2. Learned counsel ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for exclusion was filed by the Resolution Professional and prayer of such exclusion was made as licence of the erstwhile Resolution Professional was cancelled. However, in spite of the same, the Adjudicating Authority asked the erstwhile Resolution Professional to continue for a period of three weeks and to ensure that the Corporate Debtor remains a going concern. 5. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g i.e. from 8th December, 2019 to 11th January, 2019 till the subsequent Resolution Professional (present Liquidator) took charge to place the application under Section 12A before the Committee of Creditors . 8. For the reasons aforesaid, we set aside the impugned order dated 8th March, 2019 including the order of liquidation and exclude 35 days from the date of receipt of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Adjudicating Authority will pass order for liquidation and direct the Liquidator to act in terms of decision of this Appellate Tribunal in Y. Shivram Prasad Vs. S. Dhanapal Ors.─ Company Appeal (AT) (Insolvency) No. 224 of 2018 . 10. The appeal is accordingly allowed with aforesaid observations and directions. Registry to serve free copy of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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