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2021 (2) TMI 605

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..... rivate Limited - (IBA/24/KOB/2020), seeking the following reliefs: (a) Issue necessary directions under Section19(3) of the IBC, 2016 to all the personnel of the Corporate Debtor to assist and cooperate with the Applicant and comply with the instructions of the applicant and provide the applicant all information, document etc,. required by the applicant and hand over all the records, books and paper, books and accounts etc. for management of the Corporate Debtor as required under the Code. (b) Issue directions to the District Administration, Ernakulam to provide necessary assistance to the applicant including Police Protection in discharging the applicant's duties as Resolution Professional of corporate debtor (c) Issue directions to .....

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..... ompany to complete the audit and submit the audited financial statement of the Corporate Debtor for the financial years ending 31st March, 2019 and 2020 and a provisional financial statement as on 26th November, 2020. On 6th January, 2021 the applicant and the auditor visited the residence of respondents and requested them to hand over the books of accounts of the Corporate Debtor. Even though on 11th January, 2021 the Resolution Professional visited the registered office of the Corporate Debtor, it is seen that the company was closed and so he could not enter the premises. So he could not collect the books of accounts and other papers, which are reported to be in that office. 4. In view of the aforesaid reasons, the applicant has filed th .....

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..... failed. Hence, he has appraoched this Tribunal seeking aforesaid reliefs, under Section 19(2) of the IBC, 2016. Section 19 of the IBC reads as under:- 19. (1) The personnel of the corporate debtor, its promoters or any other person associated with the management of the corporate debtor shall extend all assistance and cooperation to the interim resolution professional as may be required by him in managing the affairs of the corporate debtor. (2) Where any personnel of the corporate debtor, its promoter or any other person required to assist or cooperate with the interim resolution professional does not assist or cooperate, the interim resolution professional may make an application to the Adjudicating Authority for necessary directions. .....

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