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2022 (11) TMI 601

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..... iates - respondent No. 2, Statutory Auditor of corporate debtor are directed to provide assistance as required by the IRP/RP and complete the process within three weeks from the date of this order, failing which the IRP/RP is at liberty to approach local police on the basis of this order and local police to render all necessary assistance to IRP/RP. In case of non-compliance, the IRP/RP is at liberty to move an appropriate application before this Adjudicating Authority. Application allowed. - IA Nos. 21/2020 and 69/2021 in CP (IB) No. 300/Chd/Hry/2019 - - - Dated:- 31-10-2022 - Harnam Singh Thakur , Member ( J ) And Subrata Kumar Dash , Member ( T ) For the Appellant : Nahush Jain , Advocate For the Respondents : Jagdeep Si .....

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..... .11.2019 about the CIRP initiation and through e-mail dated 23.11.2019 seeking their cooperation and information about the assets, finance, operations of corporate debtor but till date no response or required information had been received (Annexure 5). Intimation letter dated 08.01.2020 was sent again via speed post which returned back with remarks left the place . 2.2 The IRP/RP sent an intimation letter dated 23.11.2019 and 02.12.2019 via speed post which was successfully delivered to respondent No. 2- Statutory Auditor, M/s. U.P. Singh Associates, Chartered Accountants of corporate debtor about commencement of CIRP (Annexure 6). However, till date IRP/RP did not receive any documents/information. 2.3 The IRP/RP intimated abo .....

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..... 19(1) of the Code, the suspended management is under obligation to extend all assistance and cooperation to the IRP/RP as required in managing the affairs of the company. 5. In view of the above discussion, we direct Mr. Shri Krishna Kajaria - respondent No. 1 and U P Singh and Associates - respondent No. 2, Statutory Auditor of corporate debtor to provide assistance as required by the IRP/RP and complete the process within three weeks from the date of this order, failing which the IRP/RP is at liberty to approach local police on the basis of this order and local police to render all necessary assistance to IRP/RP. In case of non-compliance, the IRP/RP is at liberty to move an appropriate application before this Adjudicating Authority. .....

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..... acted/obtained from Ex-Directors of Corporate Debtor. 2.3 The applicant intimated respondent No. 1 vide letter dated 18.01.2020, respondent No. 2 vide letter dated 18.01.2020, respondent No. 3 vide letter dated 03.12.2019 via speed post with respect to the initiation of CIRP and seeking information/documents for smooth functioning of CIRP process. Further, the letter returned back with remarks left the place from respondent Nos. 1 2. Respondent No. 3 replied via letter dated 10.01.2020 which was received on 18.01.2020 by applicant stating that she agreed to become the Director of Corporate Debtor only to provide humanly support to Kajaria family who were known to her for last 15 years and she do not have any kind of financial or ot .....

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..... y the corporate debtor, current statement and the latest sanction letters. xi. Contact details of all the banks and financiers. xii. Particulars of a debt due from or to the corporate debtor with respect to related parties. xiii. Details of guarantees that have been given in relation to the debts of the corporate debtor by other persons, specifying which of the guarantors is a related party. xiv. Names and addresses of the members holding at least one per cent stake in the corporate debtor alongwith the size of stake. xv. Details of all material litigations and ongoing investigations or proceedings initiated by Government and Statutory Authorities. xvi. Number of workers and employees and liabilities of the cor .....

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