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Judgment
23.01.2026: I.A. No. 588 of 2026: This application has been filed by the Appellant seeking following directions:
“a)Issue Notice & Direct M/s Kotak Mahindra Bank to forthwith de-freeze the bank account bearing no. 02732190000104 held in the name of M/s Jhandewalas Foods Limited (Corporate Debtor);
b)Permit and authorize the Interim Resolution Professional to operate the said bank account for making necessary expenditures including Payment of salaries and wages to workmen and employees;
Payment of statutory obligations including electricity bills, water charges, and other utility bills; Payment of professional fees for services essential to business operations; Expenditure towards statutory Cont’d…/ compliances under the Companies Act, 2013 and other applicable laws; any Other miscellaneous expenses necessary for continuing business operations in the ordinary course;
d)Direct the Interim Resolution Professional to maintain proper accounts and records of all expenditures made from the said bank account and to file periodic reports before this Hon'ble Appellate Tribunal or the Adjudicating Authority, as may be deemed appropriate;
e)Pass such other and further orders as this Hon'ble Appellate Tribunal may deem fit and proper in the interest of justice, equity, and good conscience.”
This appeal was entertained in which an interim order was passed on 15.07.2025 wherein in Para 4 following was directed:
“4.Ld. Counsel for the IRP appeared and submits that she has already issued a publication on 10.07.2025. Let IRP not take any further steps except to collation of the claims received in pursuance of publication.”
In the application, it is prayed that the account which has been freezed by the Kotak Mahindra Bank be permitted to be defreezed. IRP having already been appointed, it is for the IRP to request the Bank to defreeze the account since the IRP is already in place and all operations of the Corporate Debtor has to be carried out by the IRP including operating bank account to see that the Corporate Debtor is run as a going concern. With these observations, we dispose of the application.
