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TMI Blog2022 (6) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... and accused No.5 is the majority shareholder as also the authorized signatory for operation of bank accounts of Kindle Developers Private Limited (hereinafter referred to as the "Corporate Debtor") and thus "officer who is in default" of Corporate Debtor, as per relevant master data available with ROC. It is claimed that accused persons wilfully did not cooperate with Resolution Professional (hereinafter referred to as the "RP") and failed to provide critically important information such as books of accounts of the Corporate Debtor, financial statements including cash flow statements, tally data backup/ERP accounting data, details of the related party transactions etc. to the RP despite repeated requests made by RP and directions issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Resolution Professional but the accused person failed to comply with the directions given by NCLT. It is also alleged that the accused persons failed to cooperate and provide any assistance even to the statutory and forensic auditors of the Corporate Debtor during Corporate Insolvency Resolution Process. It is further alleged that RP took under his control and custody the land at Plot No.SC-01/D1, Sports City, Sector-79, Noida (hereinafter referred to as the "Property") on which the Directors of the Corporate Debtor were developing a project. The said property is a lease hold land which was leased from Noida Authority by the Corporate Debtor for 99 years. During Corporate Insolvency Resolution Process, the RP came to know that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re triable by the Special Courts so constituted under Chapter XXVIII of the Companies Act, 2013. The complainant has placed on record notification number S.O. 2554(E) dated 27.07.2016, whereby this Court has been conferred with the jurisdiction to try the offences in the capacity of Special Court so constituted in terms of Section 435(1)(a) of the Companies Act, 2013. After considering the documentary evidence placed on record, this Court is satisfied that prima facie the aforesaid offences under the Insolvency & Bankruptcy Code, 2016 have been committed by the accused person. Thus, cognizance of said offences is taken. Since the present complaint has been made by a public servant in his official capacity, the pre-summoning evidence is re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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