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Aruppukottai Sri Jaya Vilas Ltd. ? v. Karpagam Shpinners Pvt. Ltd. ?

Aruppukottai Sri Jaya Vilas Ltd. ? v. Karpagam Shpinners Pvt. Ltd. ?

(National Company Law Tribunal)

Petition Number: TCP/225/(IB)/2017 | 23-10-2017

Mr. B. Dhanaraj, Counsel for Operational Creditor present. Mr. R. Raghavendran, IRP in person present. Mr. G. Bharadwaj, Counsel for ESIC present. Counsel for EPF present. Counsel for ARCIL also present. IRP submitted that the CoC has been convened and the name of Mr. G. Gunasekaran has been proposed as RP. TheRegistryis directed to make a reference to the IBBI for confirmation of the name of the IRP in the matter. The IRP will continue to perform his duties in accordance with the provisions of the IBC, 2016 till the R.P. is appointed.

The CoC is directed to take a view in relation to the payment of the remuneration to the IRP and to submit report to this Bench.

In relation to the prayer made in para V of CA/14/2017, the Adjudicating Authority vide order dated 14.09.2017 had given directions to the ESIC; the same shall be complied with.

The IRP can proceed against ESIC to get details as to the accounts and machinery items that are missing. The IRP can direct the ESIC for submitting the details of the accounts for the period from 01.04.2014 till date. Counsels for ESIC and EPF are directed to file detailed affidavit before the next date of hearing.

Counsel for the Operational Creditor submitted that his client has made the payment to the IRP to the tune of Rs. 1,23,000/- as per the direction of the Adjudicating Authority and prayed for reimbursement of the same. The CoC is directed to reimburse the amount to the Operational Creditor within three weeks. Put up on02.11.2017 at 10.30 A.M.

Advocate List
Bench
  • Ch. Mohd. Sharief Tariq, Member Judicial
  • S. Vijayaraghavan, Member Technical)
Eq Citations
  • LQ/NCLT/2017/9277
Head Note

Insolvency and Bankruptcy Code, 2016 — S. 19 — Appointment of RP — CoC proposing name of RP — Registry directed to make reference to IBBI for confirmation of name of IRP in matter — IRP to continue to perform his duties in accordance with provisions of IBC, 2016 till R.P. is appointed (Para 1)