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TMI Blog2023 (7) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the process fee shall also be filed for the date already fixed. Counsel for Respondent No. 4 be also served through email which shall be provided by Counsel for the RP to the Registry by Monday i.e., 17.07.2023. List this matter on 31st July, 2023 and this matter should be shown in the list of Hearing After Notice. - Justice Rakesh Kumar Jain Member (Judicial) And Mrs. Shreesha Merla, Member (Technical) For Appellant : Mr. Dhruba Mukherjee, Sr. Advocate with Mr. Kumar Anurag Singh, Ms. Ekta Bharati, and Ms. Pragya Gautam, Advocates For Respondents : Mr. S. Ravi, Sr. Advocate with R-1/RP. ORDER (Virtual Mode) The Bank of India (Financial Creditor) filed an Application under Section 7 of the Insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority on 01.03.2022. The Order dated 01.03.2022 was challenged by the Appellant by way Comp. App. (AT) (CH) (Ins.) No.86/2022 which allowed on 13.04.2022 and further 90 days time was granted for payment but no payment was made during this period also. It is submitted by the Appellant that though the Order dated 01.03.2022 was set aside by the Order dated 13.04.2022, yet the RP had forfeited EMD of the Appellant Bank amounting to Rs.65Crores/-. 6. I.A. No.283/2022 was ultimately allowed on 05.09.2022 and 60 days time was granted. In this Order, the Adjudicating Authority directed the RP to start the CIRP afresh. This Order was challenged by the Appellant by way of Comp. App. (AT) (CH) (Ins.) No. 340/2022 before this Tribunal which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. He has further argued that once the Moratorium was imposed on 25.02.2019 and lifted vide Order dated 01.10.2021 then it is required to be again imposed if it is to be lifted by virtue of the Order dated 05.07.2023 but the Order of imposition of Moratorium is conspicuous by its absence in any of the Order passed subsequent to 01.10.2021 much less in the Order which has been passed in I.A. No.283/2022 when the RP sought extension of time for inviting fresh EoI on the alleged failure of the Appellant for not complying with the Resolution Plan submitted by them which got the approval not only on the CoC but also of the Adjudicating Authority vide its Order dated 01.10.2021. It is submitted that if by virtue of the Order passed on 05.09.2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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