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2020 (9) TMI 13

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..... vation that the RP shall continue as liquidator and shall take steps as provided in the provision of the Code. However, the Hon'ble Member (Technical), Mr. Prasanta Kumar Mohanty has not agreed with the order so passed by the Hon'ble Member (Judicial) and accordingly he has given his different observation/opinion with regard to the admission of the application filed under section 9 of the .....

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..... the RP is allowed. - IA 793 of 2019 in C.P. (IB) No. 544/NCLT/AHM/2018 - - - Dated:- 26-5-2020 - Manorama Kumari, Member (J) For the Petitioner : Mr Vishal Dave ORDER Manorama Kumari, Member (J) 1) The instant case is assigned to the undersigned by the Hon'ble President, NCLT for disposal vide order dated 11.03.2020 having file No. 10/03/2020-NCLT on being difference of .....

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..... riate order for liquidation of the Corporate Debtor company. 4) On perusal of the record, it is seen that the matter was extensively heard by both the Hon'ble Members. Hon'ble Member (Judicial), Mr. Harihar Prakash Chaturvedi passed order allowing the application filed by the RP under section 33(1)(a) with a specific observation that the RP shall continue as liquidator and shall take st .....

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..... and Hon'ble Member (Technical), Mr. Prasanta Kumar Mohanty. I am of the opinion that the instant application i.e. IA 793/2019 deserves to be allowed in view of the decision passed by the Hon'ble Supreme Court in the matter of K. Sasidharan Vs. Indian Overseas Bank Ors., and subsequently also reiterated in its judgement passed in Civil Appeal No. 8766-67 of 2019-Committee of Creditors of .....

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..... ed upon by the Hon'ble Member (Judicial), Mr. Harihar Prakash Chaturvedi, while passing the order. 6) Under the facts and circumstances, I concur with the order so passed by the Hon'ble Member (Judicial) and accordingly the application so filed by the RP being No. as IA 793/2019 deserves to be allowed, hence, allowed and stands disposed off. - - TaxTMI - TMITax - Insolvency & Ban .....

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