TaxTMI 
TaxTMI 
2020 (11) TMI 675
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....are Pvt Ltd. (hereinafter called as 'Respondent') under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 for the following relief: - ➢ Direct the Respondent to permit the applicant/State of Kerala to use the Corporate Debtor Hospital, RIMS Hospital, Erattupetta as Covid Hospital for Covid patients with immediate effect. 2. The Corporate Insolvency Resolution Process (CIRP) was initiated against M/s. Raihan Health Care Pvt Ltd (Corporate Debtor) vide Order dated 20th March, 2019 by the NCLT Chennai Bench in IBA/240/2019. Since there was no reliable Resolution Plan before the Resolution Professional, this Tribunal under Section 33(1)(b) of IBC, 2016 vide Order dated 16.12.2019 put the Respondent Hospital under liqu....
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....is. In case the purpose for which the premises taken by the applicant is not completed, the applicant District Collector may approach before this Bench for further orders. (vii) The premises shall be used only for quarantine of NRIs under Covid 19 and that it should not be used for any other purpose, whatsoever. (viii) The premises shall be used only for quarantine of NRIs under Covid 19 and that it should not be used for any other purpose, whatsoever" 4. The Applicant submitted that the State of Kerala has changed their policies in relation to the Covid Treatment due to the inflow of passengers and due to increase in the number of Covid-19 positive cases in the State and the State of Kerala resorted to home quarantine ....
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....t is further stated that there are no bigger hospitals in the locality for 70 kms radius of the Corporate Debtor Hospital. Therefore, the Respondent is naturally taking steps to assure employment to the employees who were earlier worked there. Resultantly most of the employees remain unemployed expecting the revival of the hospital and their employment. Hence the Respondent keeping it as a part of the discussion with the bidders on the enquiries for revival of the Corporate Debtor is only to protect the employees' interest, otherwise it will affect 300 employee's livelihoods directly. 8. The Respondent further stated that after the expiry of 60 days from the order dated 15.05.2020 the Respondent has issued a letter dated 21.07.2020 intim....
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....thority Disaster Management issued guidelines for Requisitioning of Premises and Resources as follows: - I. If the District Disaster Management Authority has requisitioned any premises (hotels, lodges, resorts; auditoriums, etc) and. availed the resources thereof under Disaster Management Act, 2005, the Authority has to provide compensation under Section 66 of the Disaster Management Act, 2005. II. The DDMA has to consider the factors laid under Section 66 of the Disaster Management Act, 2005 and fix the compensation amount and do the needful to ensure adequate payment Compensation. III. For Tourism sector assets. the DDMA may be assisted by the Tourism department to fix the compensation. IV. For assets s....
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....orate Debtor premises as a Covid 19 hospital. The Hon'ble High Court in the Case of Dr. S v Mohammed Haris and another V. The District Collector Kannur and others and Balamani and other V. The District Collector Kannur and others [WP (C). Nos. 12935& 14222 of 2020] stated that:- "19. Disaster Management Laws are made keeping in mind the said societal good. Section 72 of the Act, 2005 therefore gives overriding effect to the provisions of the Act notwithstanding not only anything inconsistent therewith contained in any other law, but also anything contained in any instrument having effect by virtue of any law other than the Act. The Right to life under Article 21 and the Right to property under Article 300 A are subject to restricti....