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2021 Supreme(SC) 224

UDAY UMESH LALIT, K.M.JOSEPH
SANDEEP KHAITAN, RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LTD. – Appellant
Versus
JSVM PLYWOOD INDUSTRIES LTD. – Respondent


Advocates appeared:
For the Petitioner(s):Anand Varma, Abhishek Prasad, Astha Ahuja, Advocates
For the Respondent(s):Harish Pandey, C. K. Rai, Anshuman Tiwari, Shuvodeep Roy, Advocates

JUDGMENT :

K.M. JOSEPH, J.

Leave granted.

1. The appeal is directed against order dated 04.02.2021 passed by the Hon’ble High Court of Guwahati. In the impugned order, the High Court has allowed an interlocutory application filed by the Respondent No. 1 to allow it to operate its bank account maintained with the ICICI Bank Bhubaneswar and to unfreeze the bank account of its creditors over which the lien has been created and the accounts frozen pursuant to the lodging of an FIR by the appellant before us. It was made subject to conditions.

2. An application under Section 7 of the Insolvency and Bankruptcy Code, 2016, hereinafter referred to as the IBC was admitted on 26.08.2019 against one National Plywood Industries Limited (NPIL). The Appellant was appointed as the Interim Resolution Professional. A moratorium also came to be passed by the very same order within the meaning of Section 14 of the IBC. The Appellant came to be appointed as the Resolution Professional by an order dated 08.11.2019. In the meantime, the Respondent No.1 claiming to be an operational creditor lay the claim for the amounts due to it from the Corporate Debtor before the Appellant vide communication dated 22.11.

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