TaxTMI 
TaxTMI 
2020 (3) TMI 1363
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.... b) Copy of Minutes of the second meeting of CoC (Page no.32 to 36 of the paper book) c) Copy of Minutes of the third meeting of CoC (Page no.37 to 40 of the paper book) d) Copy of Minutes of the fourth meeting of CoC (Page no.41 to 46 of the paper book) e) Copy of Minutes of the fifth meeting of CoC (Page no.47 to 54 of the paper book) f) Copy of Minutes of the sixth meeting of CoC (Page no.57 to 69 of the paper book) g) Copy of Minutes of the seventh meeting of CoC (Page no.70 to 81 of the paper book) h) Copy of Minutes of the eight meeting of CoC (Page no.82 to 97 of the paper book) i) Copy of Minutes of the ninth meeting of CoC (Page no.98 to 112 of the paper book) J) Copy of Minutes of the tenth meeting of CoC (Page no.113 to 123 of the paper book) k) Copy of the final resolution plan approved by the CoC in the meeting dated 06.03.2019 (Page no.125 to 192 of the paper book) l) Compliance Certificate of the RP in Form H along with affidavit in support of the same (Page no.194 to 202 of the paper book) m) Further, Affidavit of Form-H_ dated 04.03.2020 also submitted by the RP.....
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....ch, the issue of appointment of valuers was proposed by the IRP and the CoC resolved to appoint Mr.Manoj Gupta as the valuers of the Corporate Debtor. 8. It is further stated that as per the requirements of Section 25(2)(h) of the Code, during the fourth meeting conducted on 23.11.2018, it was decided that the Form G shall be published by the IRP along with the websites of the Corporate Debtor and the IBBI with no minimum eligibility criteria for prospective resolution applicants. Subsequently, IRP conducted the fifth meeting of the CoC on 15.12.2018, draft evaluation matric presented by the IRP was considered and modifications suggested. 9. Thereafter, the Applicant was appointed as the Resolution Professional vide orders dtd:20.12.2018 passed by this Tribunal and subsequently in the sixth meeting of CoC held on 04.01.2019, wherein the date for submission of the expression of interest and the resolution plan was extended to 27.01.2019. Pursuant to the said decisions, a fresh Form G was published on 05.01.2019 providing the last date for submission of Resolution Plan as 27.01.2019. Further, the Applicant conducted the seventh meeting of CoC on 25.01.2019, wherein it was resol....
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....ders passed by the Hon'ble Supreme Court in the matter of Committee of Creditors of Essar Steel India Limited Versus Satish Kumar Gupta & Ors., directed the CoC to relook the Resolution Plan in conformity with the decisions of the Hon'ble Apex Court and to take appropriate decision and apprise this Adjudicating Authority. Accordingly, in due compliance of the orders of this Adjudicating Authority, the CoC on 04.12.2019 conducted its 12thmeeting and resolved by way of an affidavit filed before this Adjudicating Authority dtd:17.12.2019 that the Resolution Plan duly approved by the CoC is in conformity with the latest decision of Hon'ble Supreme Court. 13. The final revised Resolution Plan approved by the Committee of Creditors dated 23.02.2019 and reconfirmed on 04.12.2019 in its 12th CoC meeting in the present application is as under - 13.1 The priority of payments as per the Resolution Plan has been set as under - Priority No. Head Amount (INR. in crore) 1. CIRP cost 0.25 2.1 Workmen Dues 0.00 2.2. Government dues/ statutory liabilities (including direct and indirect taxes) and other Operational Creditors and Settlement of ex-workmen cl....
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....NCE CERTIFICATE in form 'H' attached (Page no. 194-202 of paper book) The details of the CIRP as under: SR.NO. PARTICULARS DESCRIPTION 1. Name of the C.D Madhya Bharat Phosphate Pvt. Ltd. 2. Date of Initiation of CIRP 11.09.2018 3. Date of Appointment of IRP 11.09.2018 4 Date of Publication of Public Announcement 14.09.2018 5 Date of Constitution of CoC 11.10.2018 6 Date of First Meeting of CoC 14.10.2018 7 Date of Appointment of RP 20.12.2019 8 Date of Appointment of Registered Valuers 02.11.2018 9 Date of Issue of Invitation for EOI 05.01.2019 10 Date of Final List of Eligible Prospective Resolution Applicants 12.01.2019 11 Date of Invitation of Resolution Plan 05.01.2019 12 Last Date of submission of Resolution Plan 16.02.2019 13 Date of Approval of Resolution Plan by CoC 06.03.2019 14 Date of filing of Resolution Plan with Adjudicating Authority 08.03.2019 15 Date of Expiry of 180 days of CIRP 10.03.2019 16 Date of Order extending the Period of CIRP N.A. 17 Date of Expiry of Extended Period of CIRP N.A. 18 Fair V....
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....voted in favour of the resolution plan 39.74 39.74 18.15 45.67% Total{(a)+ (b)} 39.74 39.74 18.15 46.67% 2. Unsecured Financial Creditors (a) Creditors not having a right to vote under Subsection (2) of section 21 (b) Other than (a) above: (i) who did not vote in favour of the resolution plan (ii) who voted in favour of the Resolution plan Totalf)a)+(b)] 3. Operational Creditors (a) Related party of Corporate Debtor (b) other than (a) above 5 50 5 50 0.40 7.27% (i)Government 0.10 NA (ii)Workmen 0.12 NA (iii) Employees TOTAL|(a)+(b)] | 5.50 5.50 0.62 4. Other debts and dues GRAND TOTAL 45.24 45.24 18.77 List of Financial Creditor: Sr.....
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....tion (4) of Section 30 of Insolvency and Bankruptcy Code, 2016 meets the requirement as referred in Section 30 of Insolvency and Bankruptcy Code, 2016 Sub Section (1), (2), 2a, 2b, 2c, 2d, 2e, 2f, (3), (4), (5)8&(6) and has provisions for its effective implementation. The Applicant has filed the present IA. NO.83 of 2019 in CP(IB)No.131/9/NCLT/AHM/2018 before this Adjudicating Authority under section 60(5) of the IBC,2016 seeking permission of this Adjudicating Authority: To quash and set aside the impugned decision dated 20.12.2018 communicated by Respondent No.1 in the interest of justice etc. Now, the Applicant has filed Purshis dated 20.02.2020 for withdrawal of its I.A.No.83 of 2019 in CP(IB)No.131/9/NCLT/AHM/2018, without any Conditions. Hence, this I.A. No.83 of 2019 in CP(IB)No.131/9/NCLT/AHM/2018, is dismissed as withdrawn. Further, the Applicant has filed the 1.A.No.220 of 2019 in CP(IB)No.131/9/NCLT/AHM/2018 before this Adjudicating Authority under section 60(5) and section 29(2) of the Insolvency and Bankruptcy Code, 2016 read with regulation 35(2) of IBBI (CIRP) Regulations, 2016 for seeking permission of this Adjudicatng Authority: (i) To implead ....