Page 471 - IBC Orders us 7-CA Mukesh Mohan

Order Passed Under Sec 7
By Hon’ble NCLT Chandigarh Bench

to the respondent-Corporate Debtor and other Directors under Section 138 of the Negotiable
Instruments Act.

3. Having heard the learned counsel for the petitioner, the following defects were noticed vide
order dated 25.07.2017:-

(i) The written communication in Form No.2 of the Rules as Annexure A-9 is furnished by
Mr. Atanu Mukherjeer proposed Interim Resolution Professional but the learned
counsel submits that this certificate expired on 28.06.2017, therefore, fresh

communication in Form No,2 for proposing the Interim Resolution Professional has to
be filed with complete particulars,
(ii) The copy of the statement of account at Annexure A-8 has not been certified under the

Bankers Books Evidence Act, The fresh statement with the aforesaid certificate is to be
filed.

Notice of these defects was issued to the itzi.rafA-eFoiasohiBrtlsD petitioner and the learned counser
accepted notice of these defects. It was directed that these defects be removed within seven days.

4. At the same time, notice of this petition was also issued to the Corporate Debtor for today as to
why this petition be not admitted_ The petitioner was further directed to file affidavit stating
compliance along with original postal receipt and track report of the Post Office. Envelope

containing copy of petition along with Paper Book sent at the registered office of the Corporate
Debtor by Speed Post has been returned to the Tribunal with the report purportedly made by the
Postal Department that the addressee has left the address. The notice was sent at the address of

registered office of the company as shown in the Master Data of the Corporate Debtor and,
therefore, it is the service of the notice of hearing. There is no representation from the respondent-

Corporate Debtor.

5. During the course of hearing, learned counsel for the petitioner has handed over today the fresh

written communication dated 05.08.2017 of the proposed Interim Resolution Professional,
namely Mr. Krishan Vrind Jain having Registration No, IBBI/IPA-01/2016-17/876. However, the
statement of accounts duly certified under the Bankers Books Evidence Act,1891 has not been

filed, Learned counsel for the petitioner seeks short time for filing the statement of accounts in
terms of directions vide order dated 25,07.2017 on the ground that this is to be received from
Mumbai Registered Office of the petitioner- company.

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