2020 (10) TMI 267

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.... For the Applicant : Sivanagaraja Taduavai, Resolution Professional ORDER Janab Mohammed Ajmal, Member (J) 1. This is an Application filed by the Resolution Professional seeking certain directions. 2. The brief facts leading to the Application may be started as follows. The Company Petition brought in by a Financial Creditor was admitted on 30.10.2019 and order of initiation of Corporate Insol....

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....ever failed to confirm if a police report on such incident had been lodged. The Applicant on perusal of the lease agreement dated 06.12.2017 found that the plant had been leased to one M/s. Supreme Exports. The Annual Reports for the financial year 2017-18 revealed that the Company had a revenue of Rs. 3.35 crores. This indicated that about 3,000 tonnes of shrimp might have been processed. The Rep....

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....against to the Corporate Debtor. The agreement was entered into with the intention to defraud the creditors. The action of the promoters of the Corporate Debtor reeks of malafides and is a deliberate attempt to defraud the creditors. The applicant came up with the present Application seeking the following prayers. a. To pass necessary directions against wholetime Director of suspended Board Mr. ....

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....r responded to the notices received by them. The matter was accordingly heard. 4. The averments made in the application relate to offences allegedly committed by the promotors of the Company (CD) under various sections of the Code triable by a Special Court constituted under the Chapter XXVIII of the Companies Act 2013. Section 236. of the Code provides that all offences under the Code shall be t....