2019 (12) TMI 1322

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) 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 Corporate Insolvency Resolution Process (CIRP)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant 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 was provided. It is also stated that no provi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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 they have put it up for auction and that respondent No.....