TaxTMI 
TaxTMI 
2021 (2) TMI 1192
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....date of commencement of CIRP. ii) Pass such other and further orders as this may deem fit and proper in the facts and circumstances of the case. " 3. To put succinctly, the facts of the case are that the Financial Creditor Mr. Akshay Kr. Soni had filed an application bearing No. IB-1491(ND)/2019 under Section 7 of the Code for initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, namely, M/s Value Infraestate Pvt. Ltd. The said application was admitted by this Tribunal vide its Order dated 30.01.2020 and as proposed by the Financial Creditor, Sh. Kumud Shekhar (IBBI/IPA-003/IP-N00206/2018-19/12358) was appointed as the IRP of the Corporate Debtor. 4. It is averred in the Application by the Applicant that he did not receive any intimation regarding his appointment as Interim Resolution Professional either from the Financial Creditor or from the Registry due to which no steps could be taken under CIR Process even though the order was passed by this Tribunal. 5. It is further averred by the Applicant that on 15.12.2020, one Mr. Anil Tayal had sent an E-Mail to the Applicant wherein he requested for submission of a claim against th....
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....uthority or the Appellate Tribunal or the Hon'ble Supreme Court. (ii) If no 'Resolution Professional' is functioning for one or other reason during the corporate insolvency resolution process, such as removal. (iii) The period between the date of order of admission/ moratorium is passed and the actual date on which the 'Resolution Professional' takes charge for completing the corporate insolvency resolution process. (iv) On hearing a case, if order is reserved by the Adjudicating Authority or the Appellate Tribunal or the Hon'ble Supreme Court and finally pass order enabling the 'Resolution Professional' to complete the corporate insolvency resolution process. (v) If the corporate insolvency resolution process is set aside by the Appellate Tribunal or order of the Appellate Tribunal is reversed by the Hon'ble Supreme Court and corporate insolvency resolution process is restored. (vi) Any other circumstances which justifies exclusion of certain period. However, after exclusion of the period, if further period is allowed the total number of days cannot exceed 270 days which is the maximum time limit pres....
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.... the Order dated 30.01.2020 shown in the Cause List and as well as uploading of the Order in the IB- 1491(ND)2019 on the NCLT website. 17. That the IT Official Mr. Yogendra Verma has submitted report through Ld. Registrar, NCLT on 22.01.2021 and reconfirmed that "The order dated 30.01.2020 in case no. IB-1491(ND)2019-Akshay Kr. Soni Vs. M/s Value Infraestate India Pvt. Ltd. has been uploaded on nclt Website dated 31.1.2020". He has attached the screenshot of the website along with his report. The report is reproduced below : 18. That further, the Applicant in his Application has taken a plea that as per the order dated 30.01.2020 this Tribunal had directed the Registry to inform the IRP, Financial Creditor (Applicant) and Respondent within 7 days of passing of the order. 19. That on perusal of the order dated 30.01.2020, we notice that Registry was directed to communicate the order to the parties concerned but we do not find any specific direction to communicate within 7 days. Here, we consider it worthwhile to refer to the Judgement of Hon'ble NCLAT in deciding a similar issue in the matter of Kuntal Constructions Pvt. Ltd Vs M/s Bharat Hotels Ltd. In Company Appeal (....
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....riod of one hundred and eighty days from the date of admission of the application to initiate such process. (2) The resolution professional shall file an application to the Adjudicating Authority to extend the period of the corporate insolvency resolution process beyond one hundred and eighty days, if instructed to do so by a resolution passed at a meeting of the committee of creditors by a vote of 1 [sixty-six] per cent. of the voting shares. (3) On receipt of an application under sub-section (2), if the Adjudicating Authority is satisfied that the subject matter of the case is such that corporate insolvency resolution process cannot be completed within one hundred and eighty days, it may by order extend the duration of such process beyond one hundred and eighty days by such further period as it thinks fit, but not exceeding ninety days: Provided that any extension of the period of corporate insolvency resolution process under this section shall not be granted more than once: [Provided further that the corporate insolvency resolution process shall mandatorily be completed within a period of three hundred and thirty days from the insolvency comme....
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....irected me on 11.01.2021 to provide information regarding, as to when the order of CIRP was pronounced and was uploaded for the communication to the IRP as well as the parties concerned. on 2. That the CIRP in the above captioned matter was initiated 30.01.2020. The order was pronounced in the open court on 30.01.2020 In my presence. 3. That the Pronouncement of the order was reflected in the cause list of 30.01.2020. The cause list of 30.01.2020 was uploaded around 6 pm on 29.01.2020 on the website of this Hon'ble Tribunal The copy of Cause list dated 30.01.2020 is i.ewww.nclt.gov.in. annexed and is marked as Annexure A. 4. That the outcome of pronouncement was also uploaded in the status of Cause List of 30.01.2020 on the website. The same is annexed as Annexure B. 5. That the order dated 30.01.2020 was received by the registry on 30.01.2020 and was uploaded on the website of this Tribunal on 31.01.2020. The proof that the order dated 30.01.2020 was upload on 31.01.2020 ls marked an Annexure C. 6. It is submitted that once the order is uploaded, it is in public domain and is available for the parties, IRP and ot....
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....d Vs -- Petitioner M/s. Akshay Kr. Advocate: U/s 7 of Soni V/s. M/s. Chandra 2 (IB)-1491(ND)2019 N/A IBC Value Infraestate Prakash Admitted Code,2016 India Pvt. Ltd. Vs Respondent Advocate: - M/s. Utsav Petitioner Advocate: U/s7 of Securities Pvt. Sakshi 3 (IB)-1593(ND)2019 N/A IBC Ltd. V/s. M/s. Jaiswal Admitted Code,2016 Vogue Clothiers Respondent Pvt. Ltd. Vs -- Advocate:- M/s. Banyan Petitioner Advocate: Tree Developers U/s 9 of Rajiv For Pvt. Ltd. Vs M/s. (B)-299(ND)2019 IBC Clarification Parivartan Code,2016 Virmani Respondent Buildtech Pvt. Ltd. Advocate: - 5.02.2020 https://ncit.gov.in/status-of-cause-list?field_date_value%5Bvalue%5D%5Bday %5D60&field_date_value%5Bvalue %55%5Bmonth %5D=1&field_date... 1/9 Tome cop 18/01/2021 Document 4 Content List NOLT Cinconcordent list?type-order fude-value+indlecreated All&field search date value%5B 0%5Bdme%5D=6jeld date value 5Bvalue 50%5B App 10 19930 107000 G Google Nexusest hips/efilingsche m03 NC Dachboard over NOT Dafboard 1363 one Content List Cont....
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....2/2021 Email Email Shiv Ram Bairwa Re: IB-1491(ND)2019- Akshay Kr. Soni vs. Value Infraestate India Pvt. ltd. From: yogendra v0023 Subject: Re: IB-1491(ND)2019- Akshay Kr. Soni vs. Value Infraestate India Pvt. ltd. To: Shiv Ram Bairwa Cc: [email protected] Fri, Jan 22, 2021 01:36 PM 2 attachments The order dated 30.1.2020 in case no. IB-1491(ND)2019- Akshay Kr. Soni vs. Value Infraestate India Pvt. Itd. has been uploaded on nclt website dated 31.01.2020. kindly find the screenshot PATE OPTIONS 14 01/21 Aww Msr S Order O 7/02/20 Ideal 3Dcont g Bench Now Dein Schou Beach Court New De NCT Ge Contact Cp Nec Pol Order Typese E Ustel Camon C Acts Rules The Comp The Compen In Order Date Cause List 10: Search Dale: 3/20 Stats Type 01.91:20 desal Cros peb 16.12.19 Q 12/19 In ad pushed 2 M/S. Valica infrasetate India Pvt Ltd With Warm Regards, Yogendra Verma Ornate TechnoServices Pvt. Ltd. | H-189, Sector-63, Noida, Uttar Pradesh, India. https://email.gov.in/h/printmessage?id=42276&tz-Asia/Kolkata&xim=1 1/2 Document 7 112312327 -(1920x1080) 1200 MAS MAX +Cct.gov.in/admin/content Mankateshwar Open Unity x+ Apps New Tab....