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2022 (1) TMI 15 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHProceedings against the Suspended Directors - Failure to handover books of accounts and documents to the RP - Seeking permission to withdraw the application with a liberty to file a separate application under Section 43 & 66 of IBC - HELD THAT:- The present application is filed under Section 19(2) by the Resolution Professional, admittedly, the respondent nos. 1 and 2 are the Suspended Directors of the Corporate Debtors and who had been managing the affairs of the Company before the CIRP was initiated. The respondent no. 1 cannot be escaped from its liability, by shifting the responsibility solely on the respondent no. 2. Since, both the respondents were the directors of the Company prior to the initiation of the CIRP, therefore, they are supposed to hand over the documents and furnish the information as required by the RP. Since both of them have failed to furnish the information as required under the law, therefore the RP is directed to institute a criminal case against both the Suspended Board of Directors under Section 70 of the IBC along with the other relevant Sections of the law - Application disposed off.
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