2019 (9) TMI 1436

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....Thirunavukkarasu, Member (T) For the Appellant : Akshat Khare, Advocate ORDER Manorama Kumari, Member (J) 1.1 CP(IB)No. 248/2018 was filed by the Proprietor of M/s. Western Pharma under section 9 of the Insolvency and Bankruptcy Code, 2016 hereinafter referred to as IB Code, read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authorities) Rules, 2016 seeking ....

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....harmaceuticals Limited under section 33(1) and 33(2) of the Insolvency and Bankruptcy Code, 2016 and for the appointment of the Liquidator. 3. It is stated in the application that CIRP expired on 06.07.2019 after expiry of the extension of 90 days granted by this Adjudicating Authority in its order 05.04.2019 in IA No. 190 of 2019 4. The RP has staged in the application that since no resolut....

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....edings by filing application before NCLT, Ahmedabad. The CoC under agenda item No. 08 approved filing of an application liquidation before the NCLT and proposed the name of RP as Liquidator in the present case. 7. Accordingly, as per the decision of meeting of CoC taken in its 6th meeting, the RP addressed a letter dated 8th July, 2019 to this Bench inter alia giving his consent and willingness....

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....ints the Resolution Professional as 'Liquidator' under Section 34(1) of the IB Code. 9. In view of the order of the Hon'ble Supreme Court in the case of Allahabad Bank vs. ARC Holding Ltd., {[2000] 28 SCL 394 (SC) (para 19)}, we pass the following orders: a) The Liquidator, as far as possible, shall try to dispose of the Corporate Debtor Company as a going concern after pub....