2020 (3) TMI 1344

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.... is an Application filed seeking for the following reliefs. "a. Pass Order under Section 12 of the Code excluding a period of 275 days from 14th March 2019 until 1 3th December 2019 and thus render Justice. b. Pass such other or further Orders as this Hon'ble Tribunal may deem fit and Proper in the facts and circumstances of the case and thus render Justice." The averments contained i....

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....er of this Tribunal dated 14.03.2019. Immediately thereafter the IRP had contacted the Counsel for the Operational Creditor. Further the Applicant represents that the appointment itself is not based on the consent given by the IRP and it has been made from the panel of the IRP as circulated by the Insolvency and Bankruptcy Board of India (IBBI) to the respective Benches. It is also represented ....

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....for the constitution of the CoC. Upon query posed by this Tribunal to the Ld. Counsel for the Operational Creditor as to why the communication of the Order passed by this Tribunal was not communicated immediately to the IRP/Applicant, the Counsel for the Operational Creditor was net in a position to answer the same before this Tribunal. The communication it is seen was made only on 27.11.201....

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....ne of us sitting in the Delhi Bench in the matter of M/s. Takkshill Enterprises -vs M/s. IAP Company Pvt. Ltd in CA.No.60/C-HII/ND/2018 has condemned the attitude of the IRP in not taking up the assignment in earnest even though having given the consent to the IBBI for the reasons stated therein and vide the said Order even though innposed penalty/fine upon the Interim Resolution Professional in t....