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TMI Blog2021 (8) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the applicant submitted that since the violation of the Code to declare the moratorium against the Government Company is under challenge before the Hon'ble Guwahati High Court in HINDUSTAN PAPER CORPORATION LTD., HEMANTA KUMAR KAKATI, KRISHNA KANTA SUTRADHAR VERSUS THE UNION OF INDIA, HINDUSTAN PAPER CORPORATION LTD., INCOME TAX DEPTT. REP. BY THE CHIEF COMMISSIONER OF INCOME TAX, KULDEEP VERMA AND ORS. [ 2020 (6) TMI 760 - GAUHATI HIGH COURT] , the petitioner is not pressing this prayer. Hence, we are not inclined to consider this prayer. Seeking to stay the liquidation proceedings - HELD THAT:- It is an admitted fact that the liquidation order was passed by this Adjudicating Authority on 14.05.2019 and liquidator was app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Person, Siddharth Seem, Ritin Rai, Senior Advocate, C.K. Sasi, Ramola Nayanpally, Aabhas Kshetarpal, Gunjan Mathur, Aditi Rao, Sarbjit Sharma, Pranay Agrawala, Sarthank Gupta, Advocates and Anand Varma, AOR ORDER Abni Ranjan Kumar Sinha, Member (J) IA/675/2021: 1. By filing this application, the applicant i.e., Hemant Kumar Kakati, Representative of Workers and Employees, Members of Stakeholders' Consultation Committee, Hindustan Paper Corporation Limited has prayed for the following reliefs: a. Quash the present liquidation proceedings being CP(IB) No. 418/ND/2018 as being without inherent Jurisdiction. b. In the alternative, stay the present liquidation proceedings being CP(IB) No. 418/ND/2018 till such time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a human rights problem of such magnitude involving the starvation deaths/suicide by the employees has taken place by reason of non-payment of salary to the employees of Public Sector Undertaking for such a long time. 7. He further submitted that if the process of Code is allowed to flow its natural course, the Fundamental Rights of the workmen and the employees of the Corporate Debtor will be grossly violated. 8. He further submitted that the matter is under challenge by the applicant before Hon'ble Guwahati High Court and the same is still pending. 9. He further submitted that the violation of the IBC is challenged before the Hon'ble Guwahati High Court and so, the liquidation proceedings may be stayed. 10. Now, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e considered view that the prayer which the petitioner has made before us has already been raised by the other union and the matter is under consideration not only before the Hon'ble Delhi High Court but also before the Hon'ble Guwahati High Court and that is another reason, the petitioner has not pressed the first prayer. 13. Now, we consider the second prayer of the applicant to stay the liquidation proceedings. It is an admitted fact that the liquidation order was passed by this Adjudicating Authority on 14.05.2019 and liquidator was appointed. Thereafter, in the year 2020, the applicant has filed a writ application WP(C) No. 575/2020 before the Hon'ble Guwahati High Court and raised all these issues. But the applicant how ..... X X X X Extracts X X X X X X X X Extracts X X X X
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