9911796707
TMI Blog2022 (3) TMI 1416X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding initiation of the CIRP - The present matter is also of the same nature, as there was a default on the Registry to communicate order of initiation of CIRP proceeding dated 20.03.2020 to the Ld. IRP. Taking into consideration the above said facts and the principle laid down by the Hon ble NCLAT in the matter of Ashish Chaturvedi Vs. Inox Leisure Ltd., in the present period stands excluded from 20.03.2020 till date, accordingly, Ld. IRP is directed to proceed further as per law from today onward. Simultaneously, the Operational Creditor is also directed to deposit the amount of Rs. 2,00,000/- as directed in the order dated 20.03.2020 immediately within three days, failing, which it should be treated as contemptuous in nature. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 2,00,000/- as directed by this Tribunal. It is also admitted by the Ld. Counsel for the Operational Creditor that the same was communicated to him approximately within three days. However, their was no communication to the Ld. IRP due to the default on the part of the Registry and it was merely communicated on 14.07.2021. Though, the operational creditor has also failed to deposit the amount and did not approach the IRP, but it is apparently the duty of the Registry to intimate the order regarding initiation of the CIRP proceedings to the Ld. IRP. Therefore, apparently the default has occurred due to the reason that the Registry could not communicate properly to the IRP. Hence, taking into consideration the fact that the order dated 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IRP is directed to proceed further as per law from today onward. Simultaneously, the Operational Creditor is also directed to deposit the amount of Rs. 2,00,000/- as directed in the order dated 20.03.2020 immediately within three days, failing, which it should be treated as contemptuous in nature. So far as the question of directing IBBI is concerned, that issue is still pending before the Hon ble NCLT, therefore, and no such order can be passed qua the prayer made by the Ld. Counsel for the IRP that IBBI may kindly be directed not to initiate any action against the IRP. The said prayer should be subject to the order passed by the Hon ble NCLT as a matter sub-judice. In view of the same present application stand disposed of. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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