M.M. Kumar, President - (1.) C.A. No. Q6(PB) /2018 Learned counsel for the Resolution Professional has interalia, argued that the lock out declared on 04.11.2017 by the Corporate Debtor is illegal because talks for conciliation were in progress from 27.10.2017 and were still pending as is evident from the minutes of meetings dated 04.11.2017 (page 20 of the affidavit of the Resolution Professional dated 16.11.2017).
(2.) Learned counsel has also drawn our attention to the provisions of Section 65 which prohibits illegal strikes and lock-outs. According to sub section (d) of Section 65 of the aforesaid provision it is provided that during the pendency of any conciliation proceeding before a Conciliation officer and thirty days after the conclusion thereof no lock out could be declared. Notice of the application be issued to the non applicants returnable on 31.01.2018. List for further consideration on 31.01.2018.;