other contention
that there is no necessity to appoint a Provisional
Liquidator and the R1 Company is ready to
furnish the required information and several ... interim order as prayed for. It is just
and proper to appoint Provisional Liquidator to
take control of the affairs of R1 Company pending
final
four directors. EMC has already applied for voluntary liquidation and joint provisional liquidators had been appointed. This appointment was made when the entire matter ... appointment of Joint Provisional Liquidators requires consideration. The general principle of Company Law is that once a provisional liquidator is appointed in respect
Provisional Liquidator' ('Official
Liquidator' Bengaluru attached to Hon'ble High Court of Karnataka who was
appointed as 'Provision203al Liquidator ... filing of Winding up Petition and a 'Provisional
Liquidator' being appointed, he had suspended the 'Powers of Devas Lawyers'
to represent
action and the appointment of a Provisional Liquidator, or Official Liquidator or Receiver of the Corporate Member being appointed."
He adverted to Rule
Debtor') in which the Hon'ble Bombay High Court appointed
Provisional Liquidator for liquidation of the Company. While the matter was
pending before ... Page 1 of 4
"Where the 'Provisional Liquidator' has been appointed,
the question of initiation of 'Corporate Insolvency
Resolution Process
whereby the Official Liquidator, High Court,
Delhi had been appointed as Provisional Liquidator of the Respondent No.2.
g) In the meantime, the Respondent ... Official Liquidator, High Court, Delhi appointed as Provisional
Liquidator of the Respondent No. 2 has, despite notice neither filed any Affidavit in reply
opposing
deals with initiation of
liquidation. Section 33(5) provides as follows:
"33(5) Subject to section 52 , when a liquidation
order has been passed ... Liquidator has been appointed as
Company Appeal (AT) (Insolvency) No. 690, 693, 694, 695 & 714 of 2024
-12-
provisional liquidator, no suit or other
deals with initiation of
liquidation. Section 33(5) provides as follows:
"33(5) Subject to section 52 , when a liquidation
order has been passed ... Liquidator has been appointed as
Company Appeal (AT) (Insolvency) No. 690, 693, 694, 695 & 714 of 2024
-12-
provisional liquidator, no suit or other
deals with initiation of
liquidation. Section 33(5) provides as follows:
"33(5) Subject to section 52 , when a liquidation
order has been passed ... Liquidator has been appointed as
Company Appeal (AT) (Insolvency) No. 690, 693, 694, 695 & 714 of 2024
-12-
provisional liquidator, no suit or other
deals with initiation of
liquidation. Section 33(5) provides as follows:
"33(5) Subject to section 52 , when a liquidation
order has been passed ... Liquidator has been appointed as
Company Appeal (AT) (Insolvency) No. 690, 693, 694, 695 & 714 of 2024
-12-
provisional liquidator, no suit or other