2023 (4) TMI 352

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.... / Decisions)<br>Dated:- 10-4-2023<br>Company Appeal (AT) (Insolvency) No.06 of 2023 Company Appeal (AT) (Insolvency) No.30 of 2023 & I.A. No.79 of 2023 - -<br>Insolvency & Bankruptcy<br>[Justice Ashok Bhushan] Chairperson And [Barun Mitra] Member (Technical) For the Appellant: Mr. Gopal Jain, Sr. Advocate with Mr. Shashank Agarwal, Advocate For the Respondents: Mr. Anshul Sehgal and Mr. Div....

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....n I.A. 100/2021 and issued necessary directions in Para 17 of the order, which is to the following effect: "17. Keeping in mind that the object of the Code is the revival of the corporate debtor through the Resolution Process rather than liquidation, this Bench allows a further time of 90 days from the date of this order to both the parties to implement the Resolution Plan. Thus, the Succ....

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....enue and Police Authorities are directed to extend full cooperation to the Chairman of the Monitoring Committee in this regard. Considering the fact that it is the duty of the Monitoring Committee to ascertain the extent of the encroachment over the properties of the corporate debtor, we are of the view that there is no requirement for this Adjudicating Authority to separately appoint any local Co....

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....ection under Section 32A of the Code. Section 32A being a statute regarding liability for prior offences, as and when such occasion arises, it is always open for the Appellant to seek protection under Section 32A in accordance with law. 6. Learned counsel for the Appellant has lastly contended that the direction made in Para 17 of the impugned order may also be extended to the Successful Resolu....