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2020 (9) TMI 1264 - NATIONAL COMPANY LAW TRIBUNAL BENGALURU BENCHSeeking to pass an order of injunction restraining the Respondent from leaving the jurisdiction of this Tribunal without its leave - seeking direction to Respondent to extend necessary cooperation in discharge of his functions under the provisions of Code - Sections 19 & 33 of the I & B Code, R/w Rule 11 & 13 of NCLT Rules. Extension of co-operation - HELD THAT:- Though more than one year was over, the Applicant could not make substantial progress in liquidation process in order to follow time lines as prescribed under the Provisions the Code. So far as extending co-operation by the Respondent is concerned, it is settled position of law that all the concerned people, which includes Directors/MD, in respect of the affairs of the Corporate Debtor, and Managing Directors are required to extend co-operation to IRP/RP/Liquidator. The Applicant himself states in the Application that the Respondent was extending cooperation to him except for the last 20 (twenty) days, which is nothing but un-tenable contention/allegation made for the reasons best known to him. It (sic) goes without saying that the Respondent is under legal obligation to extend his co-operation. Seeking restraint on Respondent from leaving the Country - HELD THAT:- The presence of Respondent is not required before the Adjudicating Authority, but may be required before Arbitral Authorities. And Arbitral Authorities, by law have judicial powers to ensure witness in the case pending before them. It is relevant to point out here that proceedings pending here are only liquidation proceedings, wherein presence of Respondent is not required. It is for the Applicant to initiate Criminal proceedings against the Respondent, if circumstances so warrant and thus seek appropriate relief which include to prohibit the Respondent to leave the Country. Application dismissed.
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