2017 (9) TMI 1665

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....sp;section 433 (e) and (f), 434 (i) (a) and 439 (i) (b) of the  Companies Act, 1956 before the Hon'ble Madras High Court  which has been transferred to this tribunal pursuant to the  Companies (Transfer of Pending Proceedings) Rules, 2016.  Now, pursuant to the Central Government notification number  GSR 119(E) dated 07.12.2017, this petition needs  determination as per the provisions of the Insolvency and  Bankruptcy Code 2016 (In short, '1B Code 2016'). 2. Before proceeding with this matter, it would be appropriate to  make a note of background facts for the purpose of  determination of this petition.   3. Shri A. Abdul Hameed, the learned counsel appearing on  behal....

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....CD vehemently opposed the  contentions of Petitioner/OC and submitted that the instant  petition is false, vexatious and not maintainable. He further  submitted that he does not want to go into merits of this case  but wants to oppose the same on technical aspect in view of  the MCA notification dated 29.06.2017.   7. The learned counsel for the Respondent has drawn the  attention of this Adjudicating Authority to the MCA  notification no. GSR 732(E) dated 29.06.2017 whereby  proviso to Rule 5 of the Companies (Transfer of Pending  Proceedings) Amendment Rules, 2017 stipulates that  requirements like filing of Affidavit and Bank Statement  under Section 9 (3) (b) and (c) of the ....