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TMI Blog2021 (10) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... ition admitted - moratorium declared. - CP (IB) NO. 104 of 2020 - - - Dated:- 5-8-2021 - Hari Venkata Subba Rao, Member (J) And Chandra Bhan Singh, Member (T) For the Appellant : Harish Shroff, Adv. For the Respondents : Nimay Dave, Adv. ORDER Hari Venkata Subba Rao, Member (J) 1. The above company petition is filed by M/s. Deccan Enterprises And Initiatives Private Limited (hereinafter called as applicant/'Financial Creditor') U/sec. 7 of the Insolvency and Bankruptcy Code, 2016, against M/s. HBS Seaview Private Limited (hereinafter called as respondent 'Corporate Debtor') for initiation of incorporate insolvency resolution process against the corporate debtor for an unresolved debt of 15,16,58,028 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Findings 3. The corporate debtor has put up appearance through their counsel Mr. Nimay Dave, but did not chose to file reply since January 2020. Counsel appearing for the corporate debtor also took adjournments by making statement before this bench that the corporate debtor was ready and willing to settle the claim of the petitioner. 4. Finally, the matter was listed on board on 05.08.2021. On 05.08.2021 this bench after hearing the submissions of the counsel appearing for the petitioner and upon perusing the record, noticed that the present company petition is nothing but 3rd round of litigation. The petitioner previously filed two company petitions bearing No. 47/2019 and 2229/2019 which were withdrawn by the petitioner on accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titution 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; transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; 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 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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