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Insolvency case: Court appoints Interim Resolution Professional, outlines duties The court admitted a petition by a Financial-Creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016, appointing an Interim Resolution ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The court admitted a petition by a Financial-Creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016, appointing an Interim Resolution Professional for a specified period. The Professional was directed to manage the Corporate Debtor's assets, form a Committee of Creditors, make public announcements, and appoint valuers. Reporting obligations to the Tribunal were mandated every seven days. The judgment outlines the Interim Resolution Professional's duties to ensure compliance with the Code and facilitate the insolvency resolution process effectively.
Issues: 1. Appointment of Interim Resolution Professional under Section 7 of the Insolvency and Bankruptcy Code, 2016. 2. Directions issued to the Interim Resolution Professional for managing the affairs of the Corporate Debtor. 3. Constitution of Committee of Creditors and public announcement requirements. 4. Appointment of registered valuers to determine the liquidation value of the Corporate Debtor. 5. Reporting obligations of the Interim Insolvency Resolution Professional to the Tribunal.
Analysis: 1. The judgment pertains to a petition filed by the Financial-Creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the insolvency resolution process. The petition was admitted, and an Interim Resolution Professional, Mr. Anil Kohli, was appointed for a period of 30 days or as determined by the committee of creditors, with the suspension of powers of the Board of Directors in favor of the Interim Resolution Professional.
2. The Interim Resolution Professional was directed to take control and custody of the assets of the Corporate Debtor, prepare an inventory list of assets, act in accordance with the Code and related rules, and constitute the Committee of Creditors within three weeks. Cooperation from the Corporate Debtor and associated personnel was mandated, along with the public announcement of the initiation of the Corporate Insolvency Resolution process and the appointment of registered valuers for determining the liquidation value.
3. The Interim Resolution Professional was further instructed to file a report of events before the Tribunal every seven days, emphasizing the reporting obligations. The order and related communications were to be shared with all concerned parties, with copies sent to the Interim Resolution Professional for compliance and further actions.
This judgment outlines the procedural and managerial steps to be undertaken by the Interim Resolution Professional in overseeing the affairs of the Corporate Debtor, ensuring compliance with the Code, and facilitating the insolvency resolution process efficiently and transparently.
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