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2019 (1) TMI 1768

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..... ingly this Bench hereby admits this petition. Petition admitted. - C. P. (IB) No. 4031 /I&BP/MB/ 2018. - - - Dated:- 7-1-2019 - Bhaskara Pantula Mohan Judicial Member And V. Nallasenapathy Technical Member For the Petitioner : P. Gopalakrishnan with Ms. Ishita Merchant instructed by S. K. Sanghi and Co. For the Respondent : Akhilesh Choubey instructed by ABG and Associates ORDER V. NALLASENAPATHY (TECHNICAL MEMBER). - 1. Dena Bank (hereinafter called the petitioner ) has sought the corporate insolvency resolution process (hereinafter called CIRP ) of Shalini Publicity and Creativity P. Ltd. (hereinafter called the corporate debtor ) on the ground, that the corporate debtor committed default on August 31, .....

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..... med in the petition is in consonance with the statement of account. 5. The petitioner has enclosed notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 dated February 18, 2016 demanding a sum of ₹ 16,31,06,448 as on February 17, 2016 with further interest, charges, etc., which shows that the corporate debtor defaulted in repaying the credit facilities availed by them. 6. The petitioner has annexed the certificate dated October 10, 2018 under section 2A(a) of the Bankers' Books Evidence Act, 1891. 7. The corporate debtor filed reply to the petition wherein it was stated that the corporate debtor is trying to settle with the petitioner and is .....

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..... by admits this petition prohibiting all of the following of item-I, namely : (I) (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, Tribunal, arbitration panel or other authority ; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein ; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) ; .....

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