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2020 (4) TMI 151 - Tri - Insolvency and BankruptcyLiability of Director of the company - it appears that R1 is the mother of R2. These two are making allegations against each other, by R2 saying that she came into the company only in the year 2016, therefore she cannot be held responsible and R1 saying that she being aged about 80 years, she has not been dealing with the management of the company though continuing as director of the company - HELD THAT:- It is evident that since R2 subsequently resigned as director and Rl has continued as director until before this petition is admitted, the books of the Corporate Debtor must be lying either with Rl or R2. Instead of providing documents, Rl and R2 are not expected to make allegations against each other ignoring their duty to handover the books of the Company to the Applicant on the Application filed on 30.09.2019. Till date, these two Respondents have not provided information in full that has been sought by the RP - On the other hand, the RP says that though already 268 days of CIRP period is over, he is unable to proceed with CIRP because information that is required to proceed further has not come so far. RP further says that ten hearings have been provided to these Respondents, but so far information required for discharging his functions has not come forth from these Respondents. It is evident that these Respondents have neither produced the books of the company nor at least furnished the information enabling the RP to locate books of the Corporate Debtor - unless appropriate directions are given in this matter, RP will not be in a position to proceed further in discharging his functions - The police authorities concerned are directed to assist the RP in getting information that is required for him to proceed with in discharging his functions as RP of this Corporate Debtor - application disposed off.
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