2019 (12) TMI 1322

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....<br>A.I.S. Cheema, J. (Member (J)) And Kanthi Narahari, Member (T) For the Appellant : Ajay K. Jain and Atanu Mukherjee, Advocates For the Respondent : Prashant S. Kenjale, Swapan Pradhan, Shikhil Suri, Shiv Kumar Suri, Shilpa Saini, Nikita Thappar and Vinishma Kaul, Advocates ORDER 1. This appeal is listed with Company Appeal (AT) (Insolvency) No. 943 of 2019 arising out of same Corpo....

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....The Resolution Professional states that the appellant was informed to file Form claiming operational debt, if the appellant wanted to file claim but the same was not filed. It is stated that even from before CIRP starting the Corporate Debtor was not functional or in operation and for such reasons when the resolution plan was approved, no amount towards rent of the machinery during period of CIRP ....

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....nd the same is in the possession of the Janata Sahkari Bank Limited." 5. Counsel for respondent No. 2 accepts this as the stand of the respondent No. 2. It is stated that in the Company Appeal (AT) (Ins) No. 943 of 2019 (which is above on Board today) in reply of respondent No. 2 (Diary No. 14998) in para 12, 13 it is stated that the plant is in possession of the Janata Sahkari Bank Limited and....