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2018 (7) TMI 2233

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..... 'ble Mr. V. Nallasenapathy, Member (T) For the Applicant: Mr. Amir Arsiwala, Advocate For Intervener: Mr. Kirit Hakani, Advocate ORDER Per: Bhaskara Pantula Mohan, Member (J) 1. This Company Petition is filed by Brainer Trade And Fin-Tech Private Limited (hereinafter called Corporate Applicant), under Section 10 of Insolvency and Bankruptcy Code 2016 ( the Code ) read with Rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016, for initiation of Corporate Insolvency Resolution process. 2. The Corporate Applicant says that its registered office is at 102, Shree Gajanan Apartment, Chincholi Bunder Rd., Opp. Infant Jesus School, Malad West, Mumbai - 400064, incorporated on 08.1 .....

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..... hakari Bank Limited for the facilities sanctioned by it. Further a Certificate of Modification of Charge for the above said loans is also enclosed with the petition. 7. Janseva Sahakari Bank Ltd, Pune issued SARFAESI Notice on 04.02.2017 requiring the Corporate Applicant to pay a sum of ₹ 16,80,93,675/- in respect of working capital facilities sanctioned by the said bank and by Pune People's Co-operative Bank Ltd, Pune. 8. Both the above stated financial institutions filed an Intervener application in IA No. 554/2018 and the said Intervention Application was allowed. The intervener submitted that in case of admission of this Petition, the Insolvency Resolution Professional suggested by the interveners may be considered for a .....

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..... s the institution of suits or continuation of pending suits or proceedings against the Corporate Applicant 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 Applicant 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 Applicant in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any CP property by an owner or lessor where such property is occupied by or in the possession .....

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