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Sailesh Kumar vs M/S FCRD India Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 19 February 2021 · Citation: (2021) 02 NCLT CK 0046

HON’BLE JUDGES
Dr. Deepti Mukesh, J · Sumita Purkayastha, Member (Technical)
ACTS & SECTIONS REFERRED
Insolvency And Bankruptcy (Application To Adjudicating Authority) Rules, 2016 — Rule 5, 6 · Insolvency And Bankruptcy Code, 2016 — Section 8, 9, 9(3)(b), 14, 15, 17, 18
RESULT
Disposed Of
CASE NUMBER
Company Petition No. IB-3354/ND Of 2019
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Judgment

42 paragraphs · 434 words

SNo.,BILL No.,DATE,AMOUNT

1.,1128,20.06.2017,"Rs. 6,507/-

2.,A-729,06.10.2017,"Rs. 5,829.50/-

3.,A-912,24.10.2017,"Rs. 75,087.62/-

4.,A-913,24.10.2017,"Rs. 84,505.75/-

5.,A-914,24.10.2017,"Rs. 82,223.84/-

6.,A-915,24.10.2017,"Rs. 82,727.64/-

7.,A-938,25.10.2017,"Rs. 49,7-15.25/-

8.,A-1081,04.11.2017,"Rs. 83,769.501-

9.,A-1084,05.11.2017,"Rs. 36,800/-

10,A-1154,09.11.2017,"Rs. 22,167.63/-

11,A-1227,15.11.2017,"Rs. 16,700/-

12,A-1262,18.11.2017,"Rs. 27,358.13/-

13,A-1359,24.11.2017,"Rs. 32,665.75/-

14,A-1373,25.11.2017,"Rs. 41,0160/-

15,A-1410,28.11.2017,"Rs. 4,049.50/-

16,A-1586,12.12.2017,"Rs.71,843.77/-

17,1607,13.12.2017,"Rs. 22,579.99/-

18,A-1848,03.01.2018,"Rs. 34,900.95/-

19,A-1942,11.01.2018,"Rs.15,206.70/-

20,A-2044,20.01.2018,"Rs. 5,869.50/-

21,,TOTAL,"Rs. 8,41,322.68/-

(b) transferring, encumbering, alienating or disposing of by the Respondent any of its assets or any legal right or beneficial interest therein;.",,,

(c) any action to foreclose, recover or enforce any security interest created by the Respondent in respect of its property including any action under the",,,

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;",,,

(d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Respondent.,,,

(2) The supply of essential goods or services to the Respondent as may be specified shall not be terminated or suspended or interrupted during,,,

moratorium period.,,,

(3) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Governm’ ent in consultation with any,,,

financial sector regulator.,,,

(4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process.""",,,

11.

Since no name was proposed in the application, the Adjudicating Authority hereby appoint the interim resolution professional (""IRP""), named in the",,,

list provided by the IBBI, Mr. Pawan Kumar Goyal, IBBI/IPA-001/IP-P00875/2017-2018/11473 mail id: ca.pawangaval@gmail.com , Phone No.",,,

9313502143 being confirmed by this Bench. He shall take such other and further steps as are required under the statute, more specifically in terms of",,,

Section 15, 17 and 18 of the Code and file his report within 30 days before this Bench.",,,

12.

The Applicant shall deposit a sum of Rs. 2 lakhs to enable the IRP to meet the immediate expenses. The same shall be accounted for by the IRP,,,

and shall be reimbursed to the Applicant to be recovered as costs of the CIRP.,,,

13.

A copy of the order shall be communicated to the Applicant and the Corporate Debtor by the Registry. The said order shall be communicated to,,,

the IRP above named and intimate of the said appointment by the Registry. Applicant is also directed to provide a copy of the complete paper book,,,

with copy of this order to the IRP. In addition, a copy of said order shall also be forwarded to IBBI for its records and to ROC for updating the",,,

Master Data. ROC shall send compliance report to the Registrar, NCLT.",,,

14.

The Application is allowed and disposed off in terms of above order.,,,