2020 (6) TMI 556

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.... Narahari, Technical Member For the Appellant : Krishna Mohan Menon, Mohit Singh and Ms. Meghna Rao, Advs. ORDER 1. This appeal has been preferred by Mr. Abhay N. Manudhane, Liquidator of Gupta Coal India Pvt. Ltd. ('Corporate Debtor') against the order dated 30th May, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. By the impugned order, the app....

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....nt intends to file application under section 9 against different companies, there being a debt payable to the present 'Corporate Debtor' against other companies or against other 'Corporate Debtors'. 3. However, such submission cannot be accepted in view of specific prohibition under section 11 of the I&B Code, as quoted below:- "11. Persons not entitled to make application.-The ....

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....m clause (d) of section 11, it is clear that a 'Corporate Debtor' in respect of whom a liquidation order has been made is not entitled to make application to initiate 'Corporate Insolvency Resolution Process' under Chapter II. That means, it cannot file any application under section 7 or 9 of the I&B Code. Therefore, no application under Chapter II can be filed by the 'Corporat....