Page 466 - IBC Orders us 7-CA Mukesh Mohan
P. 466
Order Passed under Sec 7
By Hon’ble NCLT Chandigarh Bench
(iii) File the written communication in Form No.2 of the Rules of the Interim Resolution
Professional."
5. The petitioner was directed to remove the defects and file documents along with affidavit of the
Authorised representative within a period of seven days. The petitioner has filed the compliance
affidavit so far as the service of the respondent is concerned and also attached the copy of the
envelopes, which were earlier sent and returned undelivered. The petitioner has filed the affidavit
dated 01.082017 with regard to the service of notice by attaching copy of the postal receipt dated
27.07.2017 along with the track report of the post office showing that the item was returned with
the remarks "insufficient address', though It is stated that the notice was sent at the Registered
Office of the respondent company.
6. I have heard the learned counsel for the petitioner and perused the record.
7. As per sub-section (3) of Section 7 of the Insolvency & Bankruptcy Code, 2016 (for short to be
referred here-in-after as the `Code), the Financial Creditor along with the application has to
furnish the following:
(a) record of the default recorded with the information utility or such other record or
evidence of default as may be specified;
(b) the name of the resolution profession& proposed to act as an interim resolution
professional; and
(c) any other information as may be specified by the Board,"
8. According to the aforesaid requirement, the name of the resolution professional proposed to act as
Interim Resolution Professional has to be furnished and with written communication in Form
No.2 of the Rules_
9. In the application originally filed in NCLT Form No.1, it was stated in Part li I that appropriate
application shall be moved with regard to the name, address and registration number of the
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