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Judgment
19 paragraphs · 482 wordsIA No. 1801/2022
Heard the learned counsel for the applicant. Affidavit of service filed by Diary No. 03083/01 dated 21.03.2023 is taken on record. It is stated that notices were earlier issued on 15.12.2022 in this application and again re-issued on 24.02.2023. The learned counsel for the applicant has stated that the petitioners have not been intentionally responding to the notices and they have made no compliance with our earlier direction to extend all possible support to the Resolution Professional in discharging his obligation. Para 6 of the application mentions the information sought for by the applicant which have not been provided by the respondents. The information sought for in Para 6 of the application are of a very general nature i.e.
a. Books of Accounts (in physical / electronic data).
b. Audited Financial Statements (as available) and Provisional Balance Sheet as on CIRP Commencement Date.
c. Details of Bank Accounts and copy of Bank Account Statements.
d. Details of Land and Building owned by the Company.
e. Details of Plant & Machinery, Computers, Furniture & Fixtures, Electrical Installations, Vehicles and Other Fixed Assets
f. Details and Location of Stocks of Raw material and Finished Goods.
g. Details of pending Court Cases and Copy of Petitions/Plaints
h. Vouchers and invoices.
i. Detailed Flowchart & Note on of Business Activity carried on by the Company in past 2 years.
We note that without sharing of such information, CIRP process cannot move forward.
In view of such facts, we direct the respondents to provide required assistance to the RP within three weeks from the date of this order, failing which the RP is at liberty to approach local Police on the basis of this order and local Police is directed to render all necessary assistance to RP in this regard. The Resolution Professional is at liberty to move this Bench, if the information sought for one is still not provided. This application i.e. IA No. 1801/2022 is allowed as above.
IA No. 740/2023
This application has been filed for placing on record 8th Progress Report for the period from 01.02.2023 to 15.02.2023 and 9th Progress Report for the period from 16.02.2023 to 28.02.2023. The same is taken on record subject to just exceptions. Thus, IA No. 740/2023 is disposed of accordingly.
IA No. 1278/2023
This application has been filed for placing on record 12th Progress Report for the period from 01.04.2023 to 15.04.2023 and 13th Progress Report for the period from 16.04.2023 to 30.04.2023. The same is taken on record subject to just exceptions. Thus, IA No. 1278/2023 is disposed of accordingly.
IA No. 1293/2023
This application has been filed for placing on record 10th Progress Report for the period from 01.03.2023 to 15.03.2023 and 11th Progress Report for the period from 16.03.2023 to 31.03.2023. The same is taken on record subject to just exceptions. Thus, IA No. 1293/2023 is disposed of accordingly.