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2021 (2) TMI 1365

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..... ion of order dated 19th July, 2018 - direction in the name of Resolution Professional to abide the terms and conditions of four work orders - direction to not take charge or control of the current account operated by the AppellantCIRP being at an advanced stage and liquidator having been appointed - HELD THAT:- It is opined that the appeal can be disposed off without issuing notice to Respondents .....

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..... to curtail or prejudicially affect this statutory right. In fact, the Adjudicating Authority itself has observed that the Appellant would be entitled to lodge his claim before the Competent Court/ Authority. The impugned order need not be interfered with, which does not suffer from any legal infirmity - this appeal is disposed off in the light of foregoing observations giving liberty to the Appel .....

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..... on of the order dated 19th July, 2018 was declined on the ground that the same related to admission of the Company Petition while Corporate Insolvency Resolution Process (CIRP) against Corporate Debtor has culminated in sending the Corporate Debtor into liquidation, in regard to other two prayers, the Adjudicating Authority was of the view that the CIRP being at an advanced stage and liquidator ha .....

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..... thority, is empowered to admit or reject the claim, in whole or in part and such determination is subjected to appeal under the provisions embodied in Section 42 of the 'I&B Code'. The appeal lies to the Adjudicating Authority i.e. NCLT. In view of these statutory provisions, there is no difficulty in holding that the Appellant would not be precluded from filing its claim before the liquidator. Th .....

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