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Judgment
Against the same Corporate Debtor, NCLT, New Delhi Bench (Court No. IV) have admitted another petition namely M/s Jaswant International
Private Ltd. v. M/s. Callina Care Overseas Private Limited, [(IB)-1060(ND)/2018] vide order dated 31.01.2019. As per the provisions of Section 11
of the Code, 2016 another Corporate Insolvency Process cannot be initiated against a corporate debtor that is undergoing a corporate insolvency
resolution process. However, it is needless to add that the petitioner would be entitled to file her claim before the Insolvency Professional namely Shri
Piyush Moona, email id piyushmoona@gmail.com, Registration No. IBBI/IPA-001/IP-P00990/2017-18/ 11630 in accordance with law which shall be
duly considered.
The Interim Resolution Professional shall perform all his functions religiously and strictly which are contemplated, interalia, by Sections 15, 17, 18,
19, 20 & 21 of the Code. He must follow best practices and principles of fairness which are to apply at various stages of Corporate Insolvency
Resolution Process. His conduct should be above board & independent; and he should work with utmost integrity and honesty. It is further made clear
that all the personnel connected with the Corporate Debtor, erstwhile directors, promoters or any other person associated with the Management of the
Corporate Debtor are under legal obligation under Section 19 of the Code to extend every assistance and cooperation to the Interim Resolution
Professional as may be required by his in managing the affairs of the Corporate Debtor. In case there is any violation committed by the ex-
management or any tainted/illegal transaction by ex-directors or anyone else the Interim Resolution Professional/Resolution Professional would be at
liberty to make appropriate application to this Tribunal with a prayer or passing an appropriate order.
It is made clear that if for any reason the Appellate Tribunal set aside the order dated 31.01.2019 then the petitioner shall be entitled to file
appropriate application for revival of the petition or file a fresh petition.
The present petition is disposed of in the above terms.