- (1.) CP No.1053/I &BP/NCLT/MB/MAH/2017 One of the Financial Creditors, IDBI Bank's Dy. Genera] Manager reported to this Bench that the Corporate Debtor, despite liquidation order was passed by the Hon'ble High Court of Bombay on 27.8.2014 against this Corporate Debtor, knowingly obtained admission order under Section 10 of the Insolvency and Bankruptcy Code, 2016 with a declaration of moratorium with appointment of Insolvency Resolution Professional when the order of liquidation given by Hon'ble High Court of Bombay is in force. In view of this piquant situation, theIRP is hereby directed to make his report before this Bench on 11.12.2017.
(2.) In the meanwhile, the Resolution Professional is directed not to carry the functions of this company as an IRP until he makes his report before this Bench. Since the Counsel appearing on behalf of the Corporate Debtor is present, the Counsel appearing on behalf of one of the Secured Creditors, i.e. Edelweiss Asset Reconstruction Company Ltd. being present and IDBI Dy. General Manager is present before this Bench, all three of them are hereby directed to ensure that this order is reached to the Resolution professional by tomorrow enabling the Resolution Professional to appear in person before this Bench on 11.12.2017.
(3.) List this matter on 11.12.2017.;