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2017 (10) TMI 619 - Tri - Insolvency and BankruptcyInsolvency and Bankruptcy procedure - non-co-operative attitude of the key managerial personnel of the Corporate Debtor - Held that:- The facts discussed above would also make it quite clear that there has not been proper monitoring by the Regional Office of Canara Bank holding major voting share in the committee of creditors and when the continuation of interim resolution professional was not accepted, application was supposed to have been filed in terms of sub-section (3) of Section 22 of the Code for replacement of the IRP. In view of the above, the following directions are issued:- (i) Notice be issued to the Chief Manager, Canara Bank and the Chief Manager, Bank of Maharashtra to appear in person on 25.09.2017 and to show cause as to why an application has not been made so far for replacement of the IRP in terms of Section 22 of the Code. (ii) Notice also to the Regional Manager, Canara Bank. Chandigarh to file a report before 25.09.2017 as to why the proper monitoring of the sensitive matter like the resolution process under the I.B. Code. 2016 is not being done. (iii) Notice to Mr. R.K. Kapoor, Chartered Accountant, C/o R.K. Kapoor & company, the statutory auditors of the company to appear in person on 25.9.2017 and to file an affidavit explaining the circumstances as to why the statutory record has not been handed over to the IRP and to show cause as to why the proceedings for violation of the directions of this Tribunal while appointing Interim Resolution Professional be not initiated. (iv) Notice to the Intervener Mr. Ashwani Kumar Prabhakar, the Director of the Corporate Debtor to file his affidavit and to appear in person on 25.09.2017 to show cause as to why action be not initiated for not complying with the instructions of the Interim Resolution Professional in the collection of information and handing over management of the Corporate Debtor. (v) Commissioner of Police, Ludhiana to provide necessary police protection/assistance to Mr. Anil Kumar, Interim Resolution Professional in the performance of his functions, as and when Mr Anil Kumar makes a request to the police department in the discharge of his duties.
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