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TMI Blog2018 (3) TMI 1949X X X X Extracts X X X X X X X X Extracts X X X X ..... ) For the Petitioner: Mr. Ajay Fatyal, Advocate For the Respondent: None ORDER PER SMT. INA MALHOTRA,, MEMBER (J) The present pention has been filed for initiation of the Corporate Insolvency Reseluion Process of the Respondent Corporate Debtor. The petitioner here claims to be a Financial Creditor. 2. The facts of the case as averred in this petition are that the Financial Creditor had booked a two bedroom apartment in a Project to be developed by the Corporate Debtor under the name and style of Subh Kamna Lords in Sector 79-Noida. The petitioner claims to have given a total sum of ₹ 20,77,531/- receipt of which was duly acknowledged by the Corporate Debtor. An allotment letter was issued in respect of flat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed or unsecured; (b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to Judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured. 5. The petition has proposed the name of the interim resolution professional namely, Mr. Yogesh Kumar Tyagi having Registration No.: IBBI/TPA-002 /IPN-00297/2017-2018/10856, Mobile No.:9873009530, Email ID: [email protected]. He has consented to being appointed as the IRP and has filed his certificate of eligibility. 6. In the facts and circumstances of the case, this Bench is satisfied that the petitioner being a Financial Creditor has a claim again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solvency resolution process: Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. 7. The proposed IRP, Mr. Yogesh Kumar Tyagi is being confirmed as the IRP. He is directed to take all steps as are Statutorily required of him under the Code, specifically u/s 15, 17, 18, 20 21 and shall file his report before the Adjudicating Authority at the end of his tenure as an IRP. 8. Copy of the order be given/emailed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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