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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 ..... 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 that the Writ Petition (C) No. 575 of 2020 titled Hindustan Paper Corporation Ltd. Officers and Supervisors Association Versus the Union of India and Ors is finally disposed of. c. Direct the Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 light of the submissions, we consider the prayer of the Applicant. 11. So far as the first prayer of the applicant to Quash the present liquidation proceedings under CP(IB) No. 418/ND/2018, as being without inherent jurisdicti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;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 however, failed to produce any document to show that the applicant had prayed for stay of the liquidation proceedings in that writ petition. 14. So far as the stay of the liquidation proceedings is concerned, we are of the view that un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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