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TMI Blog2022 (3) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... light of the fact that the applicant has already filed IA filed objecting the approval of the Resolution Plan and the same was also reserved for orders? HELD THAT:- This Application questioned the publication of Public Notice and Form-G by the RP during the CIRP period post admission of CIRP. The Applicant has admitted that the public announcement was made in two publication in Mumbai i.e. Free Press Journal and Navashakti on 22nd April, 2021. This Bench notes that publication or public announcement was carried out in Mumbai and that original copies of regional paper of newspaper was submitted to the Court. The Bench had the privilege of examining the original newspapers published in Prathakal in Hindi of 23rd April, 2021 at Udaipur, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he public announcement referred to in sub-regulation (1) shall: (a) Be in Form A of the Schedule; (b) Be published- (i) In one English and one regional language newspaper with wide circulation at the location of the registered office and principal office, if any, of the corporate debtor and any other location where in the opinion of the interim resolution professional, the corporate debtor conducts material business operations; (ii) On the website, if any, of the corporate debtor; and (iii) On the website, if any, designated by the Board for the purpose, [(ba) state where claim forms can be downloaded or obtained from, as the case may be; (bb) offer choice of three insolvency professionals identified under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the petition, but publication of Form G was made at Udaipur in Dainik Bhaskar. Further the Applicant stated that public announcement was made in Free Press Journal, Mumbai and Navshakti, Mumbai on 22ndApril, 2021. 5. The Applicant stated that the Respondent-RP has made public announcement at Udaipur in Prathakal newspaper on 25.04.2021 or 23.04.2021 being principal office of the Company, however, these public announcements were not forming part of record of IA 1850 of 2021. 6. The Applicant further made search on the newspaper published on the dates indicated, and to his shock and surprise, he was not able to find any publication in the e-newspaper. Thereafter, the Applicant made search in public records and found that the Resolutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Expression of Interest Still under verification. 5. Prathakal Mumbai Expression of Interest Not verified yet. 6. Mid Day Expression of Interest Not verified yet 7. Free Press Journal Mumbai Public Announcement Verified Published 8. Navshakti Public Announcement Verified Published. 8. Therefore, the Applicant claimed that there is clear breach of the regulation which mandates publication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no English newspaper which is published in Udaipur although newspaper published elsewhere like Jaipur, Mumbai and New Delhi are circulated in Udaipur (paragraph 33 of the I.A.); (iv) That the averment in the Written Submissions that there was no publication in The Free Press Journal was made on the basis of inspection of the e-paper on the website and that it has only upon search of the physical publication on 29thDecember, 2021 at the newspaper office that it was confirmed that the publication was indeed made on 22nd April, 2021. There is absolutely no explanation why the inspection, now claimed to have been taken on 29thDecember, 2021, could not be done so earlier. It shows that the Applicant has treated the matter casually and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e documents which the RP sought to rely upon. They further submitted that any hearing which may be conducted without providing the Applicant herein the copy of the documents / newspapers etc., will be in breach of principles of natural justice and contrary to basic principles of law. 15. The Applicant submitted that it was found that there are two more bogus newspapers which produced by the RP, wherein no publication was made still submission was made. They report that the RP publish notice in Prathakal Mumbai edition on 23.04.2021 and Prathakal Mumbai edition of 30.05.2021 is also false and bogus. 16. The Applicant further stated that on 24.01.2022, the inspection was fixed by the Hon ble Tribunal at 3:00 p.m. The Applicant through i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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