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TMI Blog2019 (3) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... ort on 25.2.2019. Mr Gaurav Dave and Mr Vishal Dave should remain present in person in the court on 25.2.2019, and they have to file compliance of the court order, failing which we shall be forced to take action against them. In this case, till date, RP has not got the control of the Corporate Debtor. After taking full control of the Corporate Debtor, she has to comply with the directions of the Hon’ble NCLAT. - C.P. No. (IB)1882(MB)/2018 - - - Dated:- 18-2-2019 - SHRI V. P. SINGH, MEMBER (J) AND SHRI RAVIKUMAR DURAISAMY, MEMBER (T) ORDER 14. CP (IB)-1882/MB/2018 Ld. Counsel representing the suspended Director Mr Gaurav Dave and Counsel representing the Resolution Professional and Counsel representing the workers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... They also told the police that the gate opens only for the Ex-director, Business Head and the workers and then is locked from inside. On the site, it also appeared that there was no lock on the gate from outside. However, the gate was locked from inside. The RP asked the police to open the said gate for them for entering into the factory premises for taking control. However, as Mr Vishal Dave said that SWTPL location is elsewhere the RP and his team along with the police also visited that particular area. However, it was observed by the RP and her team that there was a broken gate which was locked from inside. The senior police officer was of the opinion that as there was a discrepancy with regard to identifying the exact location of the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 of the IBC, 2016 exists and during this period 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 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and further the recovery of any property by an owner or lessor where such property is occupied by or in possession of the corporate debtor is stayed by the moratorium order and that the supply of essential goods or services to the corporate debtor, if continuing, shall not be terminated or suspended or interrupted during the moratorium period. This is the case, where despite moratorium order, Municipal Authorities have sealed the Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrol or custody belonging to the corporate debtor and which he is required to deliver; or (d) fails to inform there solution professional the information in his knowledge that a debt has been falsely proved by any person during the corporate insolvency resolution process; or (e) prevents the production of any book or paper affecting or relating to the property or affairs of the corporate debtor; or (f) accounts for any part of the property of the corporate debtor by fictitious losses or expenses, or if he has so attempted at any meeting of the creditors of the corporate debtor within the twelve months immediately preceding the insolvency commencement date, he shall be punishable with imprisonment for a term which s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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