9911796707
TMI Blog2019 (3) TMI 2031X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on behalf of Mr Gaurav Dave is being directed to inform the statutory Auditor of the company for his presence on 15.4.2019. List on 15.4.2019 for the appearance of Mr Gaurav Dave, Mr Vishal Dave and Mr Sandeep Shah. - SHRI V. P. SINGH MEMBER (J) And SHRI RAVIKUMAR DURAISAMY ORDER C.P. (IB)-1882(MB)/2018 Resolution Professional has filed the status report in the referred case of Shivam Water Treaters Pvt Ltd. On the directions of the Hon ble NCLAT s order dated 22.2.2019 the applicant Mr Gaurav Dave, Ex-director was directed to hand over the property in question to the Resolution Professional and then show whether the said property belongs to the corporate debtor. In compliance of the order of the Hon ble NCLAT, it is stated in the status report submitted by the Resolution Professional that she visited the registered office at Ahmedabad of the SWTPL on 11.3.2019, the Corporate Office on 12.3.2019 and the factory office premises on 13.3.2019. Regarding the specific status of the registered office of SWTPL, it is stated in the status report that: RP along with her team visited the Registered office. The Ex-Director Mr Gaurav Dave was present. He inform ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the report that the entire visit was video graphed/photographed and a Panchanama was also drawn recording the events that took place at the site. The RP has further stated in the status report that the RP and her team once again attempted possession of the registered office on 22/03/19. Mr Gaurav Dave was present at the site with his son Mr Vishal Dave who is the business head. The RP and her team entered the premises with Mr Dave and his team members. After entry through the iron gate, it was observed by the RP that there was a corridor with four cabins seen on the left and right side of the corridor with cabins on both the sides made of glass and wood. The RP requested Mr Dave to identify shop no.3 being the registered office of SWTPL. Mr Dave identified a small cabin admeasuring 8ft x 8ft towards the end of the corridor. The RP enquired about the other cabins with Mr Dave, Mr Dave did not reveal any information about the other cabins. The RP observed that the cabin which he was pointing to as shop no. 3, only had a plastic plate displaying no. 3. There was no Board of the Company anywhere at the site which was there during her visit in November and December. The office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2, 203 (corporate office) and 204. The Board of SWTPL (CD) was removed. The director started arguing with the RP regarding the seal affixed by the Ahmedabad Municipal Corporation (AMC) and the removal of the seal. After an argument at length, the ex-director tried to hand over the keys of the shop nos. 201, 202 203 to the RP. The RP requested him to identify the corporate office and hand over the possession of the office. After the shutters of the office were opened, it was observed by the RP that the entry to shop no.201 was totally blocked by a wooden partition and a glass door. It was further observed that shop no. 202 also did not have entry as the same was blocked with a wall and a glass partition. The ex-director informed the RP that the entry to the Corporate Office was through shop no.203. The ex-director and the RP along with her team entered the office through shop no. 203. After entering the office, it was observed by the RP that there was a server room. After enquiring with the exdirector, the RP was informed that the server does not contain any data of the corporate debtor. The RP got the server checked from IT expert, her team member. The IT expert informed the RP t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h her team visited the Factory Land. The Ex-Director Mr Gaurav Dave was present. The Ex-Director, Mr Gaurav Dave gave a call to the RP at about 10:34 A.M. and informed the RP to come to the gate facing the main road which was shown to the RP during her earlier visit on 11/2/2019 by his son. The Ex-director Mr Dave informed the RP that the factory land is no more in existence and the Corporation has acquired the said land for construction of the road. The RP says that during her earlier visit, Mr Vishal Dave son of the Ex-director had pointed out to her the land inside the gate which was adjoining the main road. However, Mr Gaurav informed that the said plot was taken over by the corporation about 1.5 years ago and showed the RP the road and identified the road to be the factory land. The exdirector was carrying the documents of the land with him; however, on request for a copy, he said that he would give a copy to the RP only at the time of the hearing. The RP enquired with, the ex-director about the shifting of the factory premises and the operations of the Company (SWTPL) to which he refused to reply. The RP further enquired with him about the compensation received by the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en she tried to take possession, then the Promoter /Director lost their temper many times and abused her and her team members. After that, this Tribunal took cognisance and issued Show Cause Notices against the Exdirectors, and further directions were issued for co-operating the IRP for completion of the CIRP. On 16.1.2019, we passed an order for police assistance so that the Resolution Professional can take full control of the company without any interference from ex Director s or his officials. The Police Commissioner, Ahmedabad was also directed to provide police assistance to RP and her team, so that the Resolution Professional can take control of the entire unit. All the powers of the Corporate Debtor and its Directors relating to the operation of the Bank Account anywhere in India were ordered to be frozen. The Ex-Director of the Corporate Debtor Mr Gaurav Dave and all other Directors were directed to appear in person before this Bench on 31.1.2019, failing which order shall be passed under the Contempt of Court Act. After that, the matter was taken up on 18.2.2019 when Mr Gaurav Dave was present in the court. On the application of the RP, we provided two days to the Ex- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the RP on 22.3.2019. In the context of the factory at Narol, the same has been acquired by Corporation and is not in possession of Appellant. Hence the possession of factory at Narol, Ahmedabad could not be taken by RP. Books of Account is also given by Applicants to RP in October 2018 as well as on 22.3.2019, and based on books of account and other details handed over in October 2018. It is further stated in the affidavit that on the request of the RP on 18.3.2019, to hand over the documents, I have handed over all the property in question till date. It appears that Mr Gaurav Dave, Mrs Ami Dave, Ex-directors, Mr Vishal Dave, Business Head and Statutory Auditor Mr Sandeep Shah has till date not provided any information pertaining to the assets, finance and operations of the Corporate Debtor company and they have not extended their cooperation to the RP for taking control and custody of the Corporate Debtor till date, for which we have earlier issued directions under the provisions of Section 19 of IBC, 2016 but despite that they have not extended any cooperation for handing over the possession of the Corporate Debtor to the RP. The said actions are in complete violations o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the Corporate Debtor company and they have not extended their cooperation to the RP for taking control and custody of the Corporate Debtor till date, for which we have earlier issued directions under the provisions of Section 19 of IBC, 2016 ,but despite that they have not extended any cooperation for handing over the possession of the Corporate Debtor to the RP therefore we impose a penalty U/S 70 of the I B Code 2016 of Rs.10,00,000/- each on Mr Gaurav Dave, Ms Ami Dave and Mr Vishal Dave U/S 70 of the I B Code 2016 and the same has to be paid before the next date of hearing, and direct them to file the receipt of payment. It is pertinent to mention that the affidavit which has been filed on behalf of Mr Gaurav Dave contains a medical certificate issued by Dr Ritesh Soni dated 26.3.2019, wherein it is stated that Mr Gaurav Dave is having a viral fever with accelerate HTN and he is under treatment for same on OPD basis. He is advised to take rest for 5 days .Along with the medical certificate, the prescription and the bill from the medical shop issued by Karm Medical and Provision store is also attached. It is important to point out that the bill is dated 26.3.2019 whe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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