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2022 (3) TMI 598 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHSeeking direction to ex-management to provide tally data with respect to working of the Corporate Debtor - HELD THAT:- Upon looking at the balance-sheet for the year ending 2018-19, it is seen that the same has been signed by the Ex-Director on 15.05.2019. From this, it is very clear that the statement made by the Ex-Directors vide the present affidavit to the effect that tally data of the Corporate Debtor was stolen on 04.01.2019 is patently false and misleading as this Tribunal cannot believe that a balance-sheet for the year ending 2019 could have been made out without having access to the tally data of the Corporate Debtor for the entire financial year. Therefore, the submission made by the Respondents through the present affidavit is completely contradictory and not reliable at all. The 1 conduct of ex-management is very much within the purview of Section 34(3) of the Code read with Regulation 9 of the IBBI (Liquidation Process) Regulations 2016 - the present conduct of the ex-Management calls for appropriate action in terms of Section 70 of the IBC, 2016 - A fine of ₹ 5 lakhs is imposed on the Respondents (No. 1 & 2) in the present application - Let the matter be fixed on 12.04.2022.
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