2020 (3) TMI 485

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....ls Pvt. Ltd. 2. The respondent M/s Kanak Pulp & Paper Mills Pvt. Ltd. Is registered under the Companies Act, 1956, bearing CIN U21000CT2010PTC022174 having its Registered Office situated at C/o Bharat Sales, Opp. Hotel Grand International, Station Road, Raipur, Chhattisgarh-492 001. 3. This application was originally filed before NCLT, Mumbai Bench & numbered as CP (IB) No. 4701/MB/2018. After constitution of this Bench, the matter was transferred and re-numbered as TP No. 192/CTB/2019. 4. The applicant filed an Affidavit of Service dated 03.08.2019 stating therein that the Notice sent to the Corporate Debtor through Speed Post on 19.07.2019, however, the same was returned with an endorsement "insufficient address". The notice by way of ....

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....r. The cash credit facilities were enhanced time and again. The sum of Rs. 13.41 Crores is due and payable as on 31.03.2017. 8. The Financial Creditor suggested name of Shri Jagdish Kumar as IRP residence of B56, Wallfort City, Bhatagaon, Ring Road No. 1, Raipur, Chhattisgarh - 492 001 having Registration No. : IBBI/IPA-001/IP-P00671/2017-18/11143 and Email Id: jkparulkar@aaainsolvency.com There is nothing on record to show that any disciplinary proceeding is pending against proposed IRP. 9. We have gone through the records and the documents filed by the applicant. The consideration under Section 7 of Insolvency and Bankruptcy Code, 2016 is whether the Financial Creditor can start Corporate Insolvency Resolution Process of the Corporate D....

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....ation Panel or other Authority; (b) Transferring, encumbering, alienating or disposing of by the Corporate Debtor 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 Corporate Debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. (v) The supply of essential goods or services to the Corporate Debtor as may be specified shall not be terminated, suspended, or interrupted during ....