2020 (8) TMI 891

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CHOCKALINGAM THIRUNAVUKKARASU, MEMBER TECHNICAL Advocate, Mr. Pratik Thakkar for the Applicant. PCS, Mr. Dhiren Dave fbr the Suspended management ORDER Per: Ms. Manorama Kumari, Member (J) 1. The instant application is filed under Section 12A of the IB Code, 2016 read with regulation 30(1) (a) of the CIRP Regulations, 2016 along with Rule 11 of National Company Law Tribunal Ruled, 2016 and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....judicating Authority may deem fit. 2. It is a matter of record that CP(IB) 178/2018 was admitted by the Adjudicating Authority on 24.07.2019 and IRP Mr. Sunil Kumar Agrawal was appointed. 3. IRP constituted the CoC consisting of Mr. Mukeshbhai Desai as Financial Creditor. The said constitution of CoC was challenged by the Suspended Management vide IA 752/19, which said IA was allowed on 10.07.20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....signed by the authorized signatory of the operational Creditor of CP(IB) 178/18, but the same has been filed along with the instant application after about four months without assigning any reason for such delay. 6. It is pertinent to mention that IA 752/2019 was pending for adjudication but the RP never mentioned and/or apprised the Adjudicating Authority about the filing of the Form FA by Opera....