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2017 Supreme(NCLAT) 173

S.J.MUKHOPADHAYA, BANSI LAL BHAT
Indian Overseas Bank – Appellant
Versus
Dinkar T. Venkatsubramaniam Resolution Professional for Amtek Auto Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr. Karan Khanna and Ms. Asmita Kumar, Advocates.

ORDER :

The 'Corporation Bank'-'Financial Creditor' preferred an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'T&B Code) for initiation of 'Corporate Insolvency Resolution Process' against M/s. Amtek Auto Ltd ('Corporate Debtor'). The application was admitted on 24th July, 2017, order of moratorium was passed and 'Interim Resolution Professional' was appointed on 27th July, 2017. While declaring moratorium, the following order was passed by the Adjudicating Authority (National Company Law Tribunal) Chandigarh Bench, Chandigarh in terms of Section 14(1) of the 'I&B Code', as under: -

    "(a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority;

(b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein;

(c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and

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