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TMI Blog2021 (10) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... rn. Therefore, there is no escape from the conclusion that non-applicant respondents are under legal and moral obligation to co-operate with RP for smooth functioning of the CIRP. Petition disposed off. - I.A. No. 2089/(ND)/2020 and IB-1443/(PB)/2019 and IA-2685/2021 in IB-1443(ND)/2019 - - - Dated:- 21-9-2021 - P.S.N. Prasad, Member (J) And Narender Kumar Bhola, Member (T) For the Appellant : Manoj Kumar Garg, Advocate and Sunil Kumar Aggarwal, RP For the Respondents : Mohit Nandwani, Advocate ORDER P.S.N. Prasad, Member (J) 1. This is an application filed by the Resolution Professional (RP) under Section 19(2) of the Insolvency and Bankruptcy Code, 2016 (Code) for issuance of directions to the suspended Board of Directors (Respondents) to co-operate the RP in smooth functioning of Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor (CD). 2. It is pertinent to note here that the RP vide order dated 16.02.2021 was directed to file an affidavit showing details in Part A and Part B, about list of documents provided to the applicant by respondents. 3. In compliance of aforementioned direction, the RP has filed a supplementary af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es is enclosed as Annexure-1. 6. That with respect to item no. 1 of the Annexure-2, i.e., List of Inventory attention is drawn to Item No. 8 of the minutes I.e. To take note of the appointment of Agency for the physical verification of Inventory at Godown, Kabulpur, Ballabgarh . It is submitted that M/S Amit Ishwar Singh Company has been appointed for the physical verification of Inventory at Godown Village Kabulpur, Faridabad as per the agreed terms and conditions by the COC. The Deponents undertake to provide any further assistance, if so required. It is further stated that the Deponents have provided a List of Inventory of 54700 items from the Directors with location through email on dated 13.02.2021. A Copy of the said e-mails enclosed as Annexure-2. 7. That with respect to item no. 2 of Annexure-2 i.e. List of Debtor it is submitted that the list of Debtors as available with the Deponents has already been provided and in fact the Resolution Professional and COC have already appointed M/S A. Mittal Business Management Consulting Pvt. Ltd. and M/S Share Samadhan Private Limited for Remittance of Outstanding dues from the Debtors. Attention is drawn to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Accounts-Deponents vide email dated 29.01.2020 informed the Applicant about the address of office (Basement, Ground Floor and. First Floor of K-618, Rangpuri Extension, A Block, opposite Varuna Transport, Near Telco Bus Service Station, New Delhi 110037) where all the books of accounts and supporting documents of the Corporate Debtor were kept. They also informed the Applicant that due to dispute in payment of lease rent, the owner of the said property took over the possession of the office and hence the documents can be sought from the owner of that property. Attempts have been made to retrieve the same even visiting the site with the IRP Team but in vain. 12. That pursuant to the directors of the Hon'ble Adjudicating Authority the landlord of the aforesaid premises has filed an affidavit which categorically records the following: 1. Landlord is a neurological disorder patient. 2. That, he suffered a paralytic attack which rendered him immobile and his ailing Mother was also a kidney disease patient and Diabetic. 3. That his brother also co-owner of the said premises has to manage all medical treatment of his and their mother's and is still taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess is annexed as annexure-1 with the present application. c. After the appointment of the IRP on 27.12.2019, the answering respondents provided the details of the banks of the Corporate Debtor and the Directors to the IRP vide email dated 28.12.2019. A copy of the same email dated 28.12.2019 is marked and annexed as Annexure-2. d. The respondent vide emails dated 03.01.2020 and 07.01.2020 also provided the applicant with the GST details of the Corporate Debtor. Further the respondent also provided the applicant with the TAN number of the Corporate Debtor. The copy of the emails dated 03.01.2020 07.01.2020 sent by the answering respondents and marked Annexure 3. e. On 16.01.2020 the respondent through email addressed to the applicant provided him with the borrowing details of the Corporate Debtor as on 31.03.2019, the details of all the agreements executed with parties by the Corporate Debtor and the list of all the 19 premises used by the Corporate Debtor along with their addresses and contact details. A copy of the email dated 16.1.2020 is annexed herewith and marked as Annexure-4. f. List of documents was provided to the applicant through email dated 20.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ched details of all the bank accounts and their login details of the Corporate Debtor. A copy email dated 25.02.2020 is annexed as Annexure-14. o. The respondents provided the invoice number and tracking number of all the assignments for perusal before the post office authorities, as required by the applicant. p. Respondents provided the copy of the rent agreements as per the addresses of the offices, vide email dated 02.03.2020. A copy of the email dated 03.03.2020 and annexed as annexure-17. q. The list of inventories available with the Corporate Debtor shared with the IRP. The said email shared that the respondents have been pro-active in sharing all the agreements and documents as required by the IRP. r. Respondents furnished the notices received from the creditors to the applicant and on 6.3.2020, the respondent shared the provisional financial statement as on 24.12.2019. s. Respondents provided details of post office consignments. The respondents enclosed financial statements of March 2019 and of 24.12.2019 of the Corporate Debtor along with the notes of accounting policies. It is marked as Annexure 24. t. Respondents given shareholders and the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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