TaxTMI 
TaxTMI 
TaxTMI 
2022 (2) TMI 562
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.... Sameernath K, authorised by a Board Resolution dated 20.05.2019 (hereinafter, the Operational Creditor) seeking to initiate Corporate Insolvency Resolution Process (hereinafter, CIRP) against Hansraj Agrofresh Private Limited (hereinafter, the Corporate Debtor). 2. The Corporate Debtor, Hansraj Agrofresh Private Limited is a private limited company incorporated on 29.08.2014, under the Companies Act, 2013, having CIN: U15490UP2014PTC065749, with the Registrar of Companies, Uttar Pradesh, Kanpur. Its registered office is at C-23, 2nd Floor, Swastik Gardenia, Shivpuri, Varanasi-221003, within the State of Uttar Pradesh. Therefore, this Bench has jurisdiction to deal with this petition. 3. The present petition was filed on 11.09.2019 before....
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....ice has been given by the Corporate Debtor relating to dispute of unpaid debt under section 9(3)(b) of the Code; annexed to the petition and marked as Annexure I at pages 57 to 60. b. Statement of bank account of Operational Creditor; annexed to the petition and marked as Annexure H at pages 52 to 56. c. Demand notice dated 28.05.2019; annexed to the petition and marked as Annexure F at pages 31 to 38. 6. Advance Court notice had been served on the Corporate Debtor on 23.10.2019. The Corporate Debtor filed its reply affidavit on 13.01.2020 wherein it admits that the dues are pending to the Operational Creditor and this default in payment has been created because the company has been shut down and is not functional. 7. It is the matter....
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....esolution Professional (IRP) of the Corporate Debtor. The proposed IRP has given his written communication in Form 2 as required under rule 9(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. He, however, does not appear to have a valid Authorisation for Assignment (AFA) https://www.ibbi.gov.in/insolvency-professional/details?fieldid=MjA5OQ%3D%3D&type=AFA_Details as required in terms of regulation 7A 7A. Authorisation for Assignment: An insolvency professional shall not accept or undertake an assignment after 31st December, 2019 unless he holds a valid authorisation for assignment on the date of such acceptance or commencement of such assignment, as the case may be: Provided that provisions of this re....
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....) Regulations, 2016. e. Mr. Dev Vrat Rana [Reg. No. IBBI/IPA-001/IP-P02567/2021-2022/13936], having address at Shop No. 5, B.S.M. Tiraha, Roorkee, Hari Singh Market, Hardwar, Uttarakhand-247667 [email: [email protected]], is hereby appointed as the IRP of the Corporate Debtor to carry out the functions as per the Code, subject to his possessing a valid Authorisation for Assignment (AFA) in terms of regulation 7A of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016. f. The fee payable to IRP or, as the case may be, the RP shall be compliant with Regulations, Circulars and Directions issued by the Insolvency & Bankruptcy Board of India (IBBI). The IRP shall carry out his functions as contempla....