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Judgment
Resolution
1. Applicant has filed an application for initiating Insolvency and Bankruptcy Code, Process under Section 95 of the Insolvency Dutta Dey. Applicant has 2016 against the Respondent Ms Sushmita 2022. The Respondent has
filed Affidavit of Service on 21st February,
A Dalay, Advocate, who has filed caused appearance through Mr.
service is complete. Vakalatnama on 23.02.2022. As such Dalay appeared for Ms. Sushmita
2. On 24.02.2022 Ld Advocate Mr. A Tribunal has no jurisdiction to Dutta Dey, who contended that the That day Applicant was entertain the application filed by the Applicant.
Counsel along with directed to serve copy upon the Respondent
supplementary Affidavit which has been filed. When the matter was
matter wa
no one was present. After hearing the Counsel the taken up on 10.03.2022, Respondent had chosen not to appear sincemal-,Kolkar
As provided under Section 95 of the Insolvency and Bankruptcy Code,
eitry
2016 a creditor may apply either by himself or jointly with other creditors, or through a resolution professional to the Adjudicating Authority for initiating an insolvency resolution process under this Section by submitting an application. It is also provided in the Act that
when an application is filed as per provision contained under Section shall 94 or Section 95 of the IBC Code 2016 an interim moratorium all the debts commence on the date of the application in relation to and shall cease to have effect on the date of admission of such
application. It is also provided in the Act that during the interim in respect moratorium period any legal action or proceeding pending
the creditors or of any debt shall be deemed to have been stayed and in respect the debtor shall not initiate any legal action or proceedings application is of any debt. It is further provided in the Act that if the
Authority shall filed through Resolution Professional, the Adjudicating application to direct the Board within seven days of the date of the
against the
confirm that there are no disciplinary proceedings pending resolution professional.
under Sub-
The Board shall within seven days of receipt of directions in writing Section (1) communicate to the Adjudicating Authority professional, or either confirming the appointment of the resolution professional and
rejecting the appointment of the resolution
insolvency nominating another resolution professional for the
resolution process.
debtor or
5. Where an application under section 94 or 95 is filed by the
not through the
the creditor himself, as the case may be, and σ
resolution professional, the Adjudicating Authority shall direct the Board (IBC), within seven days of the filing of such application, to nominate a resolution professional for the insolvency resolution process. The Board shall nominate a resolution professional within ten days of receiving the direction issued by the Adjudicating Authority or the Adjudicating Authority shall by an order appoint the resolution
professional. In the present matter it is informed to this Tribunal that
the Adjudicatory power conferred with the Central Government who has authorized the TribunalNotificationto exercisedated15th suchNovember,power inehi0resperel-Ht. Kolkata following hearing vide
oven Notification
iehis S.O. 4126(E).- In exercise of the powers conferred by the subjection (3) of Section 1 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby appoints the 1st day of December, 2019 as the date on which the following provisions of the
said Code only in so far as they relate to personal guarantors to
corporate debtors, shall come into forcе (1) Clause (e) of section 2; (2) Section 78 (except with regard to fresh start process) and section 79; (3) Sections 94 to 187 (both inclusive); (4) Clause (g) to Clause (i) of sub-section (2) of section 239; (5) Clause (m) to Clause (zc) of subsection (2) of section 239; (6) Clause (zn) to Clause (zs) of sub-section (2) of section 240; and
(7)Section 249.
6. The application filed by the Applicant is perused. As also confirmed
from the Insolvency and Bankruptcy Board of India who as shared
their Website and list of the resolution professional confirming a panel の
which was approved and verified by the Board in accordance with Insolvency Professionals to act as Interim Resolution Professional, Liquidator, Resolution Professionals and Bankruptcy Trustees (Recommendation) (Second) Guidelines, 2021. The list was published
on 1.1.2022 and validated till 30.06.2022 for Kolkata Zone.
7. The Applicant's case is Respondent Ms. Sushmita Dutta Dey whose details are in Part (2) ofthe petition filed before the Tribunal at page 2 adjudicated the personal guarantee. Corporate Debtor P C Dey and
Sons Distributors Private Limited. The Corporate Debtor held a debt of Rs. 15,10,84,283.82/- as on 19.04.2020. The amount in default is Rs. 15,10,84,283.82/- and the date on which debt was due 19.04.2020 and the debt on which default occurred 15.10.2021.
8. The Applicant has also appendeda certified true copy of the Resolution passed by the Finance Committee of Aditya Birla Finance Limited neld on August 4, 2021. Applicant has also enclosed the list of documents and statement of Accounts as required under the statue. The Applicant has prayed for appointment of Resolution Professional.
9. Prima-facie this Tribunal is satisfied and being power so vested under section 95 of the Insolvency and Bankruptcy Code 2016 and other section 94-187, the Tribunal admits the petition for adjudication and as such the following orders are passed.
As per list provided by the Insolvency and Bankruptcy Board of India from the panel this Tribunal appoints Mr. Vijay Kumar Goel, Regn No. IBBI/IPA-001/IP-PO2554/2021-22/13957, e-mail ID-goelkumarvijay@gmail.com (Mobile No. 9051422333), State West Bengal, Zone Kolkata, as Resolution Professional whose remuneration will be settled on the next date of hearing. The Applicant is directed to obtain the notice of appointment of Interim Resolution Professional from the Registry as per usual practice and appear before the Registrar on 08/04/2022. a
Registry is directed to issue notice of appointment of Insolvency Resolution Professional in respect of Mr. Vijay Kumar Goel. Applicant is directed to serve a copy of the application upon the Insolvency Resolution Professional along with Supplementary Affidavit and
annexure and documents.
12.Since no one is present for the Respondent, a copy of the order be
served upon the Respondent Ms. Sushmita Dutta Dey. Insolvency Resolution Professional is directed to prepare a report within a period
of 10 days as provided under the statute and submit the report before
this Tribunal on the next date of hearing. The remuneration of
Resolution Professional will be settled at the next date of hearing in
Kolkata
the presence of the Debtor and Guarantor.
yTribunal-In. List on 25/04/2022 before this Tribunal. Copy of the Order be uploaded in the Tribunal's website. AKChat (ANIL KUMAR CHATURVEDI)
Order Sheet
(Continuation)
Vs. Sushmita Dey Case No. IBC No. 03 of 2022 Aditya Birla Finance Limited 29/03/2021 Mr.AmitKumar Nag, Ld Counsel appeared None is present fortheDefendants. 2022. The detailed order in 5 pages Matter was heard in Open Court on this 29ndfollowsdayof som Kolka..
In this matter order was reserved be listed beforel
in Virual Court. The matter Professional. Order is pronounced
this Tribunal on 25/04/2022.8
the Ld Registrar on 8/04/2022 and before Tribunal's website.
Copy ofthe Order be uploaded in the Debts.
signed and pronounced by me in theOpen
Court this 29th day of A. 2012
(Anil Kumar Chaturvedi) Date: 29/03/2022
Order Sheet (Continuation) Case No. IBC/03/2022 Aditya Birla Finance Ltd. Vs. Sushmita Dutta Dey
Date of Order with signature dated Signature Order of partiesnecessarywhen Order No.05
Dt.24.02.22 For Applicant: Ld. Advocate Ms. R. Roy For Respondent: Ld. Advocate Mr A. Dalay Kolkatae The matter has been wrongly listed today before this Tribunal-II Bench. The matter is placed before the Ld. Presiding
Officer on 28/02/2022. (Dipankar Dutta)
DRT-3, Kolkata the DRT Bar 06 Que to resolutior takenby to The case is idourned 28/02/202 Association, Аксл 10/83/2021 Presiding Officer, Kolkata Debts Recovery Tribunal-3
Footnotes
- 1.PRESIDING OFFICER