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TMI Blog2018 (12) TMI 1984X X X X Extracts X X X X X X X X Extracts X X X X ..... ML No.2293 by the IRP was rejected in spite of the recommendations of the Director, Department of Mines and Geology, Bangalore. Therefore, the Order dated 26.09.2018 issued by the Under Secretary to Government, Commerce Industries Department (Mines), State of Karnataka rejecting Deemed Extension of Mining Lease bearing ML No.2293 is hereby set aside, as the same is in violation of the Moratorium declared by this Authority on 12.03.2018 under Section 14(1) of the I B Code, 2016. Consequently, the Respondent Nos. 1 to 3 are directed to execute Supplement Deeds extending the period of the Mining Lease bearing ML No.2293 upto 31.03.2020, in accordance with Sec. 8 A (6) of the M.M.D.R Act, 1957 as amended under the Mines and Minerals (Deve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 26.09.2018 passed by the 2nd Respondent is in violation of Section 14 of the IBC and therefore Null and Void and not binding on the Corporate Debtor. ii. Consequentially hold that the renewed Mining Lease bearing M.L.No.2293 vide Annexure__ in favour of the Applicant in respect of Iron Ore over an extent of 472.32 Acres (191.13 Hectares) of Revenue land in Sy.No.311 of Haraginadona Village in Bellary Taluk, Bellary District, is deemed to be valid upto 31.03.2020 in accordance with Sec. 8 A (6) of the M.M.D.R.Act, 1957 as amended under the Mines and Minerals (Development and Regulation) Amendment Act, 2015, in the interest of justice and equity and that the Corporate Debtor has the statutory right under Mines and Minerals (Develo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to the communication dated 05.05.2018 wherein it has been recorded that the Government may decide on the matter after providing an opportunity of hearing to the concerned. The said communication also refers to the fact of commencing of the CIR Process against the Corporate Debtor and declaration of Moratorium. Pursuant to the said communication, the 24 Respondent viz., the Secretary (Mines), Department of Commerce and Industries, Government of Karnataka, Vikasa Soudha, 1st Floor, Dr. Ambedkar Road, Bangalore 560 001 has conducted the enquiry, which was attended by the Resolution Professional and written submissions were filed. The operative part of the submissions contained at page 63 onwards under Paras 24 to 26 is reproduced as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant herein under Sec.7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Chennai. The National Company Law Tribunal, Chennai has passed the Order dated 12/03/2018 admitting the said petition and ordering the commencement of the Corporate Insolvency Resolution Process. Thus, at this stage, there can be no action taken for any termination of the mining lease. WHEREFORE, for the reasons and circumstances stated above, it is prayed that this Authority may be pleased to consider the above facts and circumstances including the points of Law and record the deemed extension of M.L.No.2293 upto 31/03/2020 and this Authority may kindly take immediate action and issue the necessary permission to the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
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