2022 (2) TMI 670

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....pellant : Gaurav Kumar, PCS For the Respondents : P.H. Arvindh Pandian, Senior Advocate and A.G. Sathyanarayana, Advocate ORDER S. Ramathilagam, J. (Member (J)) 1. The above application has been preferred by Veeral Controls Private Limited under Section 27 r/w. Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "IBC, 2016") seeking relief as follows; a) To ....

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....ate Debtor had filed an Arbitration Suit against the Applicant for infringement of Intellectual Property Rights, which is pending before the court and in the meanwhile, the CIRP was initiated against the Corporate Debtor. Pursuant to that the Applicant filed a claim before RP who had accepted the claim, however, the RP has filed a petition before Hon'ble High Court of Madras to reinstate the a....

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....s extended until further orders and these developments were recorded by this Tribunal in daily orders dated 08.04.2019 and 30.12.2019 in MA/96/2019. Further, it was submitted that the RP has neither made any contempt in any court proceedings nor is disqualified to be appointed as Resolution Professional and RP has valid Authorization for Assignment for the period between 08.01.2020 to 07.01.2021. ....

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....nst the IRP/RP and only IBBI would be the competent authority to initiate disciplinary proceedings against the IRP/RP. 7. Further, Section 217 of the IBC empowers a person aggrieved by the functioning of an RP to file a complaint to the IBBI. If the IBBI believes on the receipt of the complaint that any RP has contravened the provisions of IBC, or the rules, regulations or directions issued by th....