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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