9911796707
TMI Blog2022 (3) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of IBC, 2016, mandates that, 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 - Section 19(3) of the IBC, 2016 mandates that, the Adjudicating Authority, on receiving an application under sub-section (2), shall by an order, direct such personnel or other person to comply with the instructions of the Resolution Professional and to cooperate with him in collection of information and management of the Corporate Debtor. It is evident that there is a non-cooperation on the part of the Respondents to the Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has took over and commenced the proceedings of the CIRP and issued publication for submission of Resolution Plans. ii. The Corporate Debtor has provided only provisional financial statement without signatures as on the insolvency commencement date, and did not provide any necessary information. iii. The Applicant requested the Respondents on 17.01.2022 to furnish the required information. By email dated 20.01.2022, Respondent No. 1 informed the Applicant that due to admission of his grandmother in AIG Hospital, they are unable to provide the data. iv. On 21.01.2022, the Applicant informed the Respondents that the CIRP is a time bound activity and requested them to furnish the information on or before 25.01.2022. Even after 60 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending which needs to be decided first since once the ex-parte order is decided, the same would make this application infructuous. On the above ground, the Respondents sought to dismiss the Application. 4. Heard both the parties. I.A. No. 1/2021, no doubt is filed by the Respondents and the same is still pending for consideration. But the facts remains that, the Applicant is appointed and he has initiated the CIRP and the said process is a time bound one. On an assumption that if the order initiating the CIRP is recalled, this Application would become infructuous, the CIRP process cannot be hurdled by the non-cooperation of the Respondents. Section 19(1) of IBC, 2016, mandates that, the Personnel of the Corporate Debtor, its Promoter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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