Page 367 - IBC Orders us 7-CA Mukesh Mohan
P. 367

Order Passed Under Sec 7
                                                                           Hon’ble NCLT Ahmedabad Bench

               19. This Adjudicating Authority hereby appoint Shri Devendra Padamchand Jain, having his address at
               A-43, Prima Plaza, Opposite DLA School, Bodakdev, Ahmedabad-380054, and having Registration No.
               IBBI/IPA-001/IP-P00255/2017-18/10484 under Section 13(1)(c) of the Code.


               20. The Interim Insolvency Resolution Professional is hereby directed to cause public announcement of

               the  initiation  of  'Corporate  Insolvency  Resolution  Process'  and  call  for  submission  of  claims  under
               Section 13(1)(b) read with Section 15 of the Code and Regulation 6 of Insolvency and Bankruptcy Board

               of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. The other Secured and
               Unsecured Creditors and Operational Creditors are also entitled to file their claims before the Interim
               Insolvency Resolution Professional.


               21.  This  Adjudicating  Authority  hereby  order  moratorium  under  Section  13(1)(a)  of  the  IB  Code

               prohibiting the following as referred to in Section 14 of the Code;


                              (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
                              (54 of 2002);



                              (d) the recovery of any property by an owner or lessor where such property is occupied
                              by or in the possession of the corporate debtor.


                              (i) However, the order of moratorium shall not apply in respect of supply of essential
                              goods or services to Corporate Debtor.



                              (ii) The order of moratorium is not applicable to the transactions that may be notified by
                              the Central Government in consultation with any financial sector regulator.







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