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2021 (8) TMI 943

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..... on process under Section 33 of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016. b) Pass an order appointing the Applicant namely, S. Sant Kumar as the Liquidator c) Pass any other as this Tribunal deems fit. 2. The brief facts are that the application IA (IB) No. 12/CB/2021 filed in the matter of M/s Pohoja Print Solutions Pvt. Ltd in CP (IB) No. 163/CTB/2019 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC for brevity) was admitted by this Adjudicating Authority on 20th February 2020. The first meeting of the Committee of Creditors (COC) was held on 19.03.2020 and the second and third meetings on 05.09.2020 and 16.01.2021 respectively. The applicant is presently the Resolution Profess .....

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..... n the present circumstances. The said resolution was passed with 100% approval of the CoC. A copy of the resolutions passed in the third CoC meeting is placed on record and marked as Annexure-C with this petition. 5. It is further stated that the resolution for liquidation of the Corporate Debtor was approved with 100% votes. Relevant documents in this regard have been enclosed with the application. 6. In this respect, it is relevant to reproduce section 33(2) of the Insolvency and Bankruptcy Code, which is as under: "Where the resolution professional, at any time during the corporate insolvency resolution process but before confirmation of resolution plan, intimates the Adjudicating Authority of the decision of the committee of credito .....

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..... nment (AFA) issued by the Insolvency Professional Agency (IPA) of which he is a professional member, in terms of regulation 7A of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2019. (iii) The Liquidator is directed to adhere to Section 33(1)(ii) & (iii) and discharge his powers and duties as specified under Section 35 to 41 of IBC, 2016 and meticulously adhere to the Rules and Regulations issued by IBBI in this regard from time to time. (iv) Public Notice as contemplated under section 33(1) of the Code shall be issued in English daily "Hitavada" and once in the regional language newspaper "Dainik Bhaskar". (v) All the powers of the Board of Directors of the Corporate Debtor and of its key manager .....

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