Page 128 - IBC Orders us 7-CA Mukesh Mohan
P. 128

Order Passed by Sec 7
               Hon’ble NCLT Principal Bench
                            appears that such recoveries will take longer time than we had anticipated and thus we are

                            not in a position to clear your outstanding at the current moment.

               13.     We note that the debt has been acknowledged by the Director whose name is also listed as one of

               the Directors in the master data of the company maintained by MCA. She has also acknowledged receipt
               of the application of the Financial Creditor in Form-1. Thus, we are of the opinion that the corporate
               debtor  has  been  given  due  notice  of  the  application  to  initiate  Corporate  Insolvency  Resolution

               Proceedings.

               14.     We have also heard the learned Counsel for the 'Financial Creditor' who has taken us through the

               various paras of the application as already recorded in the preceding paras and we have also expressed our
               satisfaction with regard to fulfilling the requirements of the Code by the 'Financial Creditors'.


               15.     As a sequel to the above discussion, this petition is admitted and Mr. Prabhjit Singh Soni, address
               - GG-1/144-C, 3rd Floor, Near PVR Cinemas, Vikas Puri, New Delhi-110018, an Insolvency Professional

               registered  with  ICSI  IPA  having  registration  number  IBBI/IPA-002/IP-N00065/2016-2017/10143,  as
               proposed by the Financial Creditor, is appointed as an Interim Resolution Professional. A certificate of
               registration issued by IBBI stated to be valid from 2nd May, 2017 with respect to the aforesaid mentioned

               Insolvency Professional has also been placed on record.

               16.     In pursuance of Section 13(2) of Code, we direct that public announcement shall be immediately

               made by the Interim Resolution Professional with regard to admission of this application under Section 7
               of the Code. We also declare moratorium in terms of Section 14 of the Code. A necessary consequence of

               the  moratorium  flows  from  the  provisions  of  Section  14(1)(a),  (b),  (c)  &  (d)  and  thus  the  following
               prohibitions are imposed:


                   "(a)  the  institution  of  suits  or  continuation  of  pending  suits  or  proceedings  against  the  corporate
                        debtor  including  execution  of  any  judgment,  decree  or  order  in  any  court  of  law,  tribunal,
                        arbitration panel or other authority;


                   (b)  transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or
                        any legal right or beneficial interest therein;


                   (c)  any action to foreclose, recover or enforce any security interest created by the corporate debtor
                        in respect of its property including any action under the Securitisation and Reconstruction of
                        Financial Assets and Enforcement of Security Interest Act, 2002;






               128
   123   124   125   126   127   128   129   130   131   132   133