9911796707
TMI Blog2024 (8) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... ort and Sale certificate with the application therefore this Adjudicating Authority listed this matter for clarification on 04.06.2024. In compliance of order dated 04.06.2024, applicant filed clarification affidavit. It is observed that the liquidator has obtained a report from the Auditor by way of Independent Auditor s Report wherein the draw down of receipts and payments are mentioned. By way of email he has forwarded to a list of recipients for information and has in its report stated that the same has been forwarded for information. However, neither the email states that in view of the report he proposes to dissolve the entity and file before this authority this application, nor has he convened a meeting of the SCC to propose a dissol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed as Interim Resolution Professional (hereinafter referred to as IRP ). b) It is stated that the Committee of Creditors (CoC) was formed and CoC in the 3rd Meeting held on 05.10.2019 decided to replace the IRP with new RP namely Umesh Harjivandas Ved. The application was filed before this Hon ble Adjudicating Authority and the same was allowed vide order dated 01.01.2020. c) It is stated that CoC in its 6th Meeting held on 17.02.2020 resolved to go for liquidation of the corporate debtor, as there was no possibility of receiving any resolution plan and decided to file an application for liquidation of the CD. Therefore the present applicant filed an interlocutory application no 491 of 2020 under section 33 and 34 of the IBC, 2016 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the sale deed was executed between the applicant/liquidator and successful bidder. Copy of the sale deed annexed with the application. 5. The applicant had submitted Final Report on 06.11.2023, prepared by the applicant and same has been audited by Suresh Chandra Associates, that the said Final Report has been shared with the SCC members vide email dated 08.11.2023 and the Final Report has been submitted by the Applicant with the Insolvency and Bankruptcy Board of India and the Registrar of Companies, Gujarat. 6. The property situated at 403, Sakar-I, Nr. Gandhigram Railway Station, Opp. Nehru Bridge, Navrangpura, Ahmedabad-380006 was sold through e auction to successful bidder M/s Dhruvin Dilipkumar Mehta HUF for consideration of Rs. 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... listed this matter for clarification on 04.06.2024. In compliance of order dated 04.06.2024, applicant filed clarification affidavit. 11. It is observed that the liquidator has obtained a report from the Auditor by way of Independent Auditor s Report wherein the draw down of receipts and payments are mentioned. By way of email he has forwarded to a list of recipients for information and has in its report stated that the same has been forwarded for information. However, neither the email states that in view of the report he proposes to dissolve the entity and file before this authority this application, nor has he convened a meeting of the SCC to propose a dissolution under Sec 54 of IBC 2016. In view of the same, this application cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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