2018 (10) TMI 197

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....jee, Advocate, Rahul Auddy, Advocate For The Resolution Professional : Partha Kamal Sen For The Respondent : Anupam Das Adhikary, Advocate, Krishnendu Paul Choudhury, Advocate For The Financial Creditors : Ms. Rajashi Dutta, Ramji Munshi, Pankaj Agarwal, and Ms. Paramita Maity ORDER In CP No.762/KB/2017, this application under section 60(5) of the Insolvency & Bankruptcy Code, (in s....

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.... Debtor. At present, this authority is seized with the question where all powers of attorney holders of the Financial Creditor can be allowed to take part as one of the members in CoC. 4. Mr. Noor Alam, one of the debenture holders has filed this CIRP under section 7 of the I&B Code, 1956 against the Corporate Debtor. It is admitted by this Authority vide order dated 03.07.2018. One Mr. P.K. Se....

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.... covered under clause (a) or sub-section (6), the interim resolution professional shall make an application to the Adjudicating Authority along with the list of all financial creditors, containing the name of an insolvency professional, other than the interim resolution professional, to act as their authorised representative who shall be appointed by the Adjudicating Authority prior to the first m....

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.... has to submit his claim to the IRP. However, above provision allows the class of creditors to appoint their representative to attend the CoC meetings. IRP has to allow the applicant to act as representative of the creditors. However, it is further made clear that while raising claim of each of the debenture holder, IRP/RP has to keep in his mind the provisions of section 57 of the Companies Act, ....