Tribunals and CommissionsFull Bench(2023) 12 NCLAT CK 0049

Shri Sameer Sharma Suspended Director of M/s. Shiva Industrial Security Agency (Gujarat) Limited vs Piyush Jagdish Bhansali Interim Resolution Professional

National Company Law Appellate Tribunal · Decided on 22 December 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Disposed Of
CASE NUMBER
I.A. No. 6108 Of 2023 in Company Appeal (AT) (Ins.) No. 1446 Of 2023

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Judgment

7 paragraphs · 197 words
1.

I.A. No. 6108 of 2023:- This is an application filed by the appellant praying for following direction:

“(a) That this Hon’ble Tribunal may direct the IRP to continue with the bill discounting facility with the Axis Bank;

(b) Direct the Axis Bank to continue discounting the fresh invoices upto the extent of outstanding facility as on 16.10.2023 even during the CIRP period also;

(c) Such other and further reliefs as may be deemed fit in the interest of justice.”

2.

By our order dated 09.11.2023 we have passed an interim order that no further steps shall be taken in pursuance of the order dated 16.10.2023. The IRP who is already in place has not been discharged as yet. The RP although may not take any further steps in the CIRP, however, shall keep the Corporate Debtor as a going concern.

3.

It shall be open for the IRP to inform the bank who had already extended the facilities to the Corporate Debtor that IRP has been directed to keep the concern as a going concern so the IRP may request the bank to continuing the existing CIRP.

4.

With these observations, we dispose of this application.