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2022 (4) TMI 880 - NATIONAL COMPANY LAW TRIBUNAL , GUWAHATI BENCHLevy of maximum penalty - initiating insolvency proceedings against the corporate debtor with a malicious intent for the purpose other than resolution of insolvency of the corporate debtor - seeking direction to respondents to cease and desist from causing disruptions in the functioning of the applicant/resolution professional - seeking direction to respondent to provide available evidence of collusion between the respondents No. 1-3 (Manish Soni, Pankaj Kumar Sahu and Vivek Kumar) - HELD THAT:- It is a fact that the Respondent No. 1, Mr. Manish Soni has filed the Application under Sec. 9 of IBC for his 3 months' unpaid salaries amounting to ₹ 3,48,000.00 only calculated @ ₹ 1,16,000.00 per month and the corporate debtor remained absent in the proceedings allowing the petition to be admitted ex-parte but the RP's allegation against Respondent No. 1 that, he in collusion with respondent No. 2 and 3 and in connivance with the Suspended Board of Management, has initiated insolvency proceedings against the corporate debtor with a malicious intent for the purpose other than resolution of insolvency of the corporate debtor could not be proved with materials to the satisfaction of this Bench. It is found from the materials, papers, and submissions of the Transaction Auditor and the RP that the R6 & 7, Suspended Board of Management/Ex Directors are still not cooperating, as required under the code of the IBC, to the RP for completion of the CIRP in time. The RP in the meantime has filed other two IAs for preferential transactions and fraudulent trading or wrongful trading under the Sections 43 and 66 of IBC respectively. Hence the issues raised relating to the R6 & R7 shall be disposed of along with these two IAs separately. There is no much substance left at this time to proceed further in the matter - Petition disposed off.
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