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TMI Blog2019 (11) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 65 of the I B Code . The matter is also remitted to the Adjudicating Authority to decide whether any order is required to be passed against Mr. Mohamed Hesham Mohamed Amin Basha Mashaa l under Section 65 of the I B Code on the ground that the application was filed by him fraudulently with malicious intention for purpose other than for the resolution of insolvency, or liquidation - Appeal allowed. - Company Appeal (AT) (Insolvency) No. 149 of 2019 - - - Dated:- 31-7-2019 - Justice S.J. Mukhopadhaya, Chairperson, Justice A.I.S. Cheema, Member (Judicial) And Justice Kanthi Narahari, Member (Technical) For The Appellant : Mr. Deepender Hooda, Ms. Jyoti Hooda and Mr. C.P. Malik, Advocates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uritius . 5. On 29th July, 2019, when the matter was taken up, Mr. Mohinder Singh, Resolution Professional appeared and one Mr. Susheel Sharma, Advocate appeared on behalf of one of the Creditors. However, no appearance was given on behalf of 1st Respondent- Mr. Mohamed Hesham Mohamed Amin Basha Mashaa l, nor the counsel for M/s. Global Energy Talent, Mauritius appeared. It was informed that the parties have settled the matter and, therefore, there is no need for appearance on their behalf. 6. Mr. Mohinder Singh, the Resolution Professional submitted that he has worked for about five months and incurred cost total of which comes to roughly ₹ 6 lakhs. 7. Learned counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 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 from immediate effect. 11. Though to ensure that the Interim Resolution Professional does not suffer, we direct M/s. Global Energy Talent Private Limited to p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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