In the matter of Doshion Pvt. Ltd. Vs. Bank of India & Anr. CA(AT)(Ins) No. 186 of 2020

Learned counsel for the Appellant submits that claim in the application under Section 7 preferred by the Financial Creditor (Respondent) is barred by the limitation. Reference in this regard is made to date of default as reflected in Form 1 at Page 226 of the appeal paper book.

Let notice be issued on Respondents by Speed Post. Requisites along with process fee, if not filed, be filed by tomorrow. If the Appellant is able to ascertain the email address of Respondents, he may file the same and notice may be issued through email as well.

Post this appeal on 03rd March, 2020.

In the meantime, the ‘Interim Resolution Professional’ will ensure that the company remains going concern and will take assistance of the (suspended) Board of Directors. The persons who are working will perform their duties including the paid Directors. The person who is authorised to sign the bank cheques may issue cheques only after authorisation of the ‘Interim Resolution Professional’.

The bank account(s) of the ‘Corporate Debtor’ be allowed to be operated for day-to-day functioning of the company such as for payment of current bills of the suppliers, salaries and wages of the employees’/workmen, electricity bills etc.

[Justice Bansi Lal Bhat]

Member (Judicial)

[Justice Venugopal M.]

Member (Judicial)

[V. P. Singh]

Member (Technical)