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2022 (6) TMI 868

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..... rs despite of orders issued by this Tribunal. In the absence of the original title deeds, there is not other option except reconstruct the documents including the property documents. The 2nd to 8th Respondents are directed to issue certified copies of the documents mentioned in the respective Schedules attached with the Application filed by the Applicants immediately once the application for the same is filed with them. The said documents would be treated as 'Original' documents for all future purposes and once the 1st Respondent get all the documents from the 2nd to 8th Respondents, he will hand over the same to the 1st Applicant. Application allowed. - IA (IBC)/915(CHE)/2021 in CP/280/IB/2018 - - - Dated:- 10-6-2022 - S .....

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..... ments mentioned in Schedule 4 to this Application, which may be treated like original documents for all future purposes; f) Direct the 6th Respondent to register this order and issued certified copies of documents mentioned in Schedule 5 to this Application, which may be treated like original documents for all future purposes; g) Direct the 7th Respondent to register this order and issued certified copies of documents mentioned in Schedule 6 to this Application, which may be treated like original documents for all future purposes; h) Direct the 8th Respondent to register this order and issued certified copies of documents mentioned in Schedule 7 to this Application, which may be treated like original documents for all future .....

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..... h belongs to the 2nd Applicant. It was submitted that it is the obligation of the 1st Respondent to handover all the documents including the property documents of the 2nd Applicant as envisaged under section 25 of the code, 2016, however, the 1st Respondent was unable to hand over the same due to the non-cooperation of the erstwhile promoters/directors despite filing application and directions issued by the Hon'ble Adjudicating Authority. 5. The Learned Counsel for the Applicants while reiterating the above averments would submit that though the 1st Applicant is entitled to be handed over all the documents including the property documents, the 1st Respondent was unable to handover the same due to the non-cooperation of the erstwhile .....

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..... only a limited information from the erstwhile promoter/Directors. In the present case it could not happen due to the non-cooperation of the erstwhile promoter/directors despite of orders issued by this Tribunal. In the absence of the original title deeds, there is not other option except reconstruct the documents including the property documents. 9. Thus, by taking into consideration the facts and circumstances of the present case, we are inclined to allow the present application and accordingly, we direct the 2nd to 8th Respondents to issue certified copies of the documents mentioned in the respective Schedules attached with the Application filed by the Applicants immediately once the application for the same is filed with them. The sai .....

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