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IBC - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

CIRP proceedings - Infirmities and illegalities committed by the ...


Resolution Professional Violated Insolvency Code Sections 25(2)(h) & 24; Possible Collusion with Financial Creditor Suspected.

December 15, 2022

Case Laws     Insolvency and Bankruptcy     AT

CIRP proceedings - Infirmities and illegalities committed by the RP - it is evident that the RP had not taken any reasonable step to get the CD as going concern which is mandated as per Section 25(2)(h) or he acted in accordance with Section 24 of the Code and as such there is no reason to allow the impugned order to further continue. - the holding of the CoC Meeting in the premises of the Financial Creditor and also joint filing of the reply by RP and financial creditor also reflects that something was going on in between the parties. - AT

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