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TMI Blog2022 (1) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... n the respondent no. 2. Since, both the respondents were the directors of the Company prior to the initiation of the CIRP, therefore, they are supposed to hand over the documents and furnish the information as required by the RP. Since both of them have failed to furnish the information as required under the law, therefore the RP is directed to institute a criminal case against both the Suspended Board of Directors under Section 70 of the IBC along with the other relevant Sections of the law - Application disposed off. - IB-2354/ND/2019, IA/5253/2020 and IA/4480/2020 - - - Dated:- 16-12-2021 - Abni Ranjan Kumar Sinha, Member (J) And Avinash K. Srivastava, Member (T) For the Respondents : Govind Bhardwaj, Adv., Harish Taneja, CS and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o extend full assistance and cooperation in complete harmony and peace to the Resolution Professional as is provided by Section 17, 18 and 19 and any other provision of the Code, E. Any other order as this Hon'ble Tribunal deems fit. 4. Heard the Ld. Counsel appearing for the applicant as well as the Ld. Counsel appearing for the respondent no. 1. None appeared for the respondent no. 2. 5. Ld. Counsel appearing for the applicant submits that as per the annexure A and B of rejoinder filed by the applicant at Page 25 and 26, the applicant sought the information and documents from the respondents, but till today, the respondents have neither handed over the documents, nor furnished the information. 6. On the other hand, Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact, the applicant has himself sought extension of time periods for the resolution of the Corporate Debtor on account of the COVID-19 Pandemic. 11. Further, it is submitted that the answering respondent was only responsible for marketing and sales and the respondent no. 2./Tarun Kemani was the head of the accounts and all the records and books of accounts were maintained by him. Therefore, the answering respondent humbly prays to the Hon'ble Tribunal to pass directions qua the handover of books and accounts to respondent no. 2/Tarun Kemani and not the answering respondent. 12. Further, it is submitted that to the best of the knowledge of the answering respondent, all the books of the accounts, tally data, bank statements, acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... office of Pantel Technologies Private Limited ('PTPL') in Noida. f. It is an admitted fact that the applicant even inspected the documents and fixed assets at the office of PTPL in Noida. g. He purposely did not take the hand over of documents despite inspecting the same, only with the motive to save rent of any premises, which would have been required had he taken handover of the assets and documents. h. Unfortunately, PTPL was admitted to insolvency proceedings on 19.09.2019 and the then Resolution Professional decided not to pay the office dues of PTPL, for the Corona Virus time period. Therefore, the landlord of E-33, Sector 63, Noida office of PTPL, was vacated by PTPL and the landlord disposed off all the materi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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