9911796707
TMI Blog2021 (6) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... 00368 along with another account bearing 635405000356 with the same bank - we direct the release or removal of lien or attachment, as the case may be, of all the bank accounts of the Corporate Debtor mentioned supra by all the banks including the Respondents in IA No. 1475/KB/2020 and IA No. 158/KB/2021. The applicability of the directions contained in this order are extended to all the accounts that may be discovered by the RP in future, in the present company petition, that might have been attached or on which lien might have been created by any of the authorities, to avoid the multiplicity of proceedings. The properties of the corporate debtor, which include the accounts lying at credit in the bank accounts of the corporate debtor, should be available to the resolution professional to keep it as a going concern. Application disposed off. - IA Nos. 1475/KB/2020, 158/KB/2021, 349/KB/2021 and IA No. 361/KB/2021 in CP (IB) No. 184/KB/2018 - - - Dated:- 14-6-2021 - Rajasekhar V.K., Member (J) And Harish Chander Suri, Member (T) For the Appellant : Party-in-Person, Joy Saha, Senior Advocate, Dipankar Das, Sanjana Nandi, Rishav Banerjee, Aishwarya Kumar Awasthi, Dripto M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RP requested the Respondents to remove the lien from the accounts maintained with them. The Respondents informed the RP that the accounts had been attached by various authorities, therefore, they could not remove the lien/attachment. The RP, therefore, vide another email dated 05.11.2020, requested Respondent No. 2 to provide the details of various authorities that had ordered the lien on or attachment of the Corporate Debtor's accounts. Respondent No. 2 responded that the details as requested had been sent to the SBI-SAMB Branch, however, the RP did not receive the details yet. 8. The Corporate Debtor requires working capital the Applicant also must take control and custody of the assets belonging to the Corporate Debtor for speedy completion of the CIRP. Although the Applicant has made several attempts of raising funds, he has not received any satisfactory response from the Respondent. 9. Moreover, after the order of moratorium, creditors cannot deal with the assets of the Corporate Debtor, therefore, the order of lien and attachment over the Corporate Debtor's account is unlawful. The RP thus prays for a direction upon the Respondents to release the lien/attachmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent to release lien/attachment over the accounts maintained with them being Account Nos. 00082220000233, 00142220000493, 00082320022654, 00322050006304 and 01272320005711 in order to enable the Applicant herein to take control of the said accounts; b. To permit the RP to operate the accounts being Account Nos. 00082220000233, 00142220000493, 00082320022654, 00322050006304 and 01272320005711 maintained by the Respondent bank. IA No. 349/KB/2021 15. This application has been filed by Mr. GA Seshan, duly constituted attorney of some seventeen employees of the corporate debtor, who have apparently not been paid their salary from 01.05.2020 onwards. IA No. 361/KB/2021 16. Concerning the unclaimed amount of ₹ 6,11,72,126.00 (Rupees six crore eleven lakh seventy-two thousand one hundred and twenty-six only), referred to in IA No. 158/KB/2021, the RP submits in the present application that the RP had requested the Registrar and Transfer Agent of the Corporate Debtor to get the information about the holders of the aforesaid two fixed deposits, however, they have not been able to provide the information. The RP has also requested the NSDL who are yet to provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or direction on ICICI Bank to release the attachment and defreeze account of the Corporate Debtor bearing No. 635405000368. This Adjudicating Authority had ordered the Respondent therein to defreeze the bank account in respect of which the prayer was made, i.e., 635405000368 along with another account bearing 635405000356 with the same bank. The Adjudicating Authority had further restrained the Respondent therein from giving effect to any attachment order issued by any authority without the leave of this Adjudicating Authority during the currency of the CIRP. 24. While hearing the present applications with prayers similar to that in IA No. 1477/KB/2020 decided by this Adjudicating Authority earlier, this Adjudicating Authority enquired the Applicant about the number of accounts held by the Corporate Debtors with the various banks. As per his knowledge, the RP submitted the detail of all the bank accounts held by the Corporate Debtor at various branches of SBI and HDFC. The same has been reproduced below for better appreciation. I. Accounts maintained with State Bank of India (SBI) II. Accounts maintained with HDFC Bank 25. In the given fact and c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
