- (1.) The declaration made by Interim Resolution professional at page-89 of the Paper Book reads as under: "I hereby, certify that the facts averred by the applicant in the present applications are true, accurate and complete and a default has occurred in respect of the relevant Corporate Debtor. I have reached this conclusion based on the following facts and/or opinion".
(2.) A perusal of the aforesaid declaration shows that the proposed Resolution Professional has access to the record of the petitioner company and appears to be an advisor of the company. Such a Resolution Professional cannot be regarded as independent empire and would not qualify to conduct CIRP.
(3.) The proforma underneath Form-II in pursuance of Rule 9(1) would not be acceptable and would not stand the judicial scrutiny and best practices. Therefore, we cannot accept such a declaration.;