9911796707
TMI Blog2021 (10) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... "IBC, 2016") read with Regulations 9 of the IBBI (Liquidation Process) Regulations, 2016 seeking relief as follows; i. To direct the Respondent to comply with the orders of this Tribunal, a. dated 14.10.2019 passed in MA/775/2019, b. dated 17.09.2019 passed in MA/996/2019 and ii. To give an appropriate direction under Section 429 of Companies Act, 2013, for wilful disobedience. 2. The Learned Counsel for the Applicant submitted that the Corporate Debtor was ordered for Liquidation by this Tribunal on 04.04.2019 and Applicant herein was appointed as Liquidator by order dated 16.04.2019. 3. The Learned Counsel for the Applicant submitted that the Respondents/Corporate Debtor has not handed over the books and records to the Applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct the Respondents to comply with the orders passed by this Tribunal. 6. The Respondent has filed counter and the Learned Counsel for the Respondent contends that an Appeal is pending before NCLAT in Company Appeal (AT)(Ins) No. 577 of 2019 against the liquidation order passed by this Tribunal. Further, it was submitted that the land at Maraimalai Nagar alone belongs to Corporate Debtor and the other lands at Guduvancherry and Thiruvallur are owned by Respondents personally. Further, it was submitted that the liquidator has sent unauthorized communication to the DTCP to not approve the Respondent projects. 7. The Learned Counsel for the Respondent submitted that the DTCP approval for Property at Thiruvallur is obtained for another project ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the averments made in the Counter it is seen that the documents in relation to the Corporate Debtor had already been handed over to the Applicant and the documents in relation to the Guduvancherry and Thiruvallur property belongs to 1st and 2nd Respondents. Further, it is averred that the documents relating to company affairs before the month of November 2015 were destroyed in the flood which happened during the year 2015. Thus, taking into consideration the totality of the circumstances, we direct the Respondents to extend full co-operation to the Liquidator in case of any documents are being sought for in future, for completion of the Liquidation process in relation to the Corporate Debtor. 11. With the above said directions IA/246/IB ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
