9911796707
TMI Blog2022 (5) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... ecorded in the report submitted by the Resolution Professional, the application, filed under the provisions of section 95 of the IBC, 2016 is hereby admitted under section 100 of the IBC, 2016. The Insolvency Resolution Process is initiated against the respondent and the moratorium is declared, which begins with the date of admission of the application and shall cease to have effect at the end of the period of 180 days, as provided u/s. 101 of IBC, 2016 or until this Adjudicating Authority approves the repayment plan under sub-section (1) of section 114 of the Code. The Insolvency Resolution Process stands initiated against the debtor/Personal Guarantor - Application admitted - moratorium declared. - C. P. (IB)/184(KB)2021 - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; telephone No. (033) 2522 4621/Mobile No. 94330 80179 to file report u/s. 99 of IBC, 2016, which has been filed by him recommending the admission of the application filed u/s. 95 of the IBC, 2016. The ground for admission of the application recorded in the Report are as follows:- (a) That the RP has gone through the contents of the main application and it confirms that the default has been made by the debtor who is a personal guarantor to the Corporate Debtor; (b) That the debtor who is personal guarantor of Corporate Debtor has confirmed the Non-payment of the claim amount of creditor. (Vide letter dated 03/11/2021 of Debtor in response to letter dated 29/10/2021 of RP). The said letters are attached and marked as Annexure-D to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or regulator. 5. The Resolution Professional, viz., Mr. Rajesh Keshri, who has been appointed u/s. 97 vide order dated 16/09/2021, is directed to cause a public notice published on behalf of the Adjudicating Authority within seven days of uploading of this Order on the website of the NCLT, Delhi, inviting claims from all Creditors, who shall register their claims as provided u/s. 103 of the IBC, 2016 within twenty one days of such issuance. The notice shall contain the necessary information as provided u/s. 102(2) of IBC, 2016. The publication of notice shall be made in two newspapers, once in English Daily and once in Vernacular Daily, which have wide circulation in the State where the Personal Guarantor resides. The Resolution Profess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he details as provided under the provisions of section 107 of the IBC, 2016. 8. The meeting of the creditors shall be conducted in accordance with sections 108, 109, 110 and 111 of the IBC, 2016. The Resolution Professional shall prepare a report of the meeting of the creditors on repayment plan with all details as provided under section 112 of the IBC, 2016 and submit the same to this Adjudicating Authority, copies of which shall be provided to the personal Guarantor and the Creditors as per section 113 of the IBC, 2016. It is made clear that the Resolution Professional shall perform his functions and duties in compliance with the Code of Conduct provided u/s. 208 of the IBC, 2016. 9. In terms of the above, CP(IB)/184(KB/2021 filed u ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
