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2021 Supreme(Guj) 818

SANGEETA K.VISHEN
Kishorkumar Bachuram Kapdi – Appellant
Versus
Nitin Narang, Resolution Professional of M/S. Afcan Impex Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Nandish Chudgar With Ms Nidhi N Prajapati
For the Respondent: Mr Rashesh Parikh With Ms Nitu Chaturvedi With Mr Aditya S. Raval, Kuldeep K Adesara, Ms Mohini Bhavsar For Mr Bharat Jani, Mr K M Parikh

ORDER :

1. By this petition, under Article 226 and 227 of the Constitution of India, the petitioner, has prayed for appropriate order or direction directing the respondent no. 1 to get the valuation of the stock value afresh through an IBBI registered valuer and with a further direction to the respondent no. 1 not to consider the valuation report dated 30.04.2021 for the purpose of the Corporate Insolvency Resolution Process(hereinafter referred to as ‘CIR process’) of M/s. Afcan Impex Pvt. Ltd.

2. The brief facts of the case are:

2.1. That M/s. Afcan Impex Pvt. Ltd. is a MSME Unit and Kandla- SEZ. The petition has been filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘the Code of 2016’) against M/s. Afcan Impex Pvt. Ltd.. The respondent no. 3 i.e. adjudicating authority, has passed an order dated 17.02.2021 admitting the petition and initiating the CIR process of M/s. Afcan Impex Pvt. Ltd., followed by appointment of respondent no. 1 as Interim Resolution Professional under Section 13(1)(c) of the Code of 2016 for carrying out the CIR process. It is also the case of the petitioner that the Committee of Creditors of the respondent No. 2 hav

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