9911796707
TMI Blog2022 (1) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... ers: i. Issue "Notice to Respondent No. 1 to 4 as per Memo of Parties. ii. That the Hon'ble Tribunal may pass necessary directions as it may deem but under the provision of section 44 and 66 of Insolvency and Bankruptcy Code, 2016. iii. Direct Mr. Sandeep Sood to transfer the money back to the account of corporate debtor which are the subject matter of fraudulent transactions and/or preferential transactions in this application. iv. Issue such necessary orders as may be deemed fit in the matter by Hon'ble Tribunal. 2. The Application under Section 9 of the Insolvency & Bankruptcy Code, 2016 filed by the Operation Creditor M/s. Seitz Gmbh was admitted on 08.08.2019. Mr. Atul Kumar Kansal was appointed as the Interim Resoluti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 Lotus Imports 10,00,000 4. 21.03.2018 Lotus Imports 5,00,000 5. 04.04.2018 Lotus Imports 7,00,000 6. 18.04.2018 Lotus Imports 2,75,000 7. 18.04.2018 Lotus Imports 2,00,000 8. 01.05.2018 Lotus Imports 1,00,000 9. 18.05.2018 Lotus Imports 1,10,000 10. 04.06.2018 Lotus Imports 1,95,000 11. 07.06.2018 Lotus Imports 3,00,000 12. 11.06.2018 Lotus Imports 1,00,000 13. 13.06.2018 Lotus Imports 1,20,000 14. 25.06.2018 Lotus Imports 1,00,000 15. 26.06.2018 Lotus Imports 50,000 16. 26.06.2018 Lotus Imports 6,00,000 Total 63,50,000 TABLE NO. 2 Transactions Pertaining To Respondent No. 3 (Company In Which Mr. Sandeep Sood, Ex-Director of Corporate Debtor And His Wife Are Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t since 5.02.2018. Mr. Sandeep Sood is in sole custody and possession of all records, documents and assets of corporate debtor. Further, it was also stated these transactions have been made by Mr. Sandeep Sood without the knowledge and consent and therefore, it is Mr. Sandeep Sood can explain and answer these transactions as he is was the sole signatory to the bank account of corporate debtor. The applicant further submits that Mr. Alexander Seitz vide above mentioned email also informed that these transactions have been assailed and challenged by him in a suit before the Delhi High Court and in a Petition filed under Section 241/242 of the Companies Act, 2013 before this adjudicating authority. A copy of the order dated 10.07.2018 passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ows that he was operating the bank account and business of corporate debtor without the knowledge of other director and with an intent to defraud creditors of corporate debtor and can be termed as fraudulent transactions in accordance with the provisions of the Code. Further, Respondent No. 1 has not given any reply till date about the payment being mentioned at table 4, which clearly show his malafide intention can be termed as fraudulent transactions in accordance with Section 66 of the Code. 8. The applicant further submits that vide his email dated 4.10.2019, Respondent No. 1 has clearly stated that Genset belonging to corporate debtor is lying at his home though he has purchased the same from corporate debtor at a valuable considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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