9911796707
TMI Blog2023 (6) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... m the date of initiation of the Corporate Debtor into CIRP. As the CoC itself is not constituted and in the light of the fact that not a single Claim was received by the IRP even after the public announcement, as well as the fact that the Corporate Debtor Company has been struck off from the Registrar of Companies, this Tribunal is of the considered view that the CIRP may be closed with respect to the subject company. The order of the Adjudicating Authority is set aside and the Company is released from all rigors of CIRP - Appeal allowed. - Company Appeal (AT)(CH)(Ins) No. 25/2022 - - - Dated:- 23-6-2023 - [ Justice M. Venugopal ] Member ( Judicial ) And [ Shreesha Merla ] Member ( Technical ) For the Appellant : Mr.B. Thilak Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissal of the order passed by this Tribunal on 20.01.2020, this Tribunal has no power to review or recall its order which is confirmed by the Hon ble Appellate Tribunal in the matter of Amod Amladi Vs. Mrs. Sayali Rane Anr. (2017 SCC OnLine NCLAT 430). Therefore, prayer (a) is not maintainable, and thus stands rejected. Further, if the IRP has received the claim from only the Operational Creditor, he is required to constitute the CoC with the sole Operational Creditor. Further, in case the name of the Corporate Debtor has been struck off by the RoC, the IRP is required to move an Application before this Tribunal to restore the name of the Company under Section 252 of Companies Act, 2013 however, we find it strange that the IRP has moved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or non-filing of the financial statements, the Adjudicating Authority ought to have allowed the Application seeking dismissal of the CIRP. 6. This Tribunal is of the earnest view that there is no provision in the Code for the Corporate Debtor to constitute the CoC with a single Operational Creditor, when it is seen from the record that despite the public announcement being made inviting claims from its stakeholders, the Appellant has not received a single Claim from the date of initiation of the Corporate Debtor into CIRP. As the CoC itself is not constituted and in the light of the fact that not a single Claim was received by the IRP even after the public announcement, as well as the fact that the Corporate Debtor Company has been s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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