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2022 (3) TMI 945 - NATIONAL COMPANY LAW TRIBUNAL , AMARAVATI BENCHSeeking for a direction to cooperate and assist the Resolution Professional in conducting the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor - Section 19(2) and 60(5) of Insolvency and Bankruptcy Code, 2016 - HELD THAT:- The Applicant is appointed and he has initiated the CIRP and the said process is a time bound one. On an assumption that if the order initiating the CIRP is recalled, this Application would become infructuous, the CIRP process cannot be hurdled by the non-cooperation of the Respondents. Section 19(1) of IBC, 2016, mandates that, the Personnel of the Corporate Debtor, its Promoters or any other person associated with the management of the Corporate Debtor shall extend all assistance and cooperation to the interim resolution professional as may be required by him in managing the affairs of the Corporate Debtor - Section 19(3) of the IBC, 2016 mandates that, the Adjudicating Authority, on receiving an application under sub-section (2), shall by an order, direct such personnel or other person to comply with the instructions of the Resolution Professional and to cooperate with him in collection of information and management of the Corporate Debtor. It is evident that there is a non-cooperation on the part of the Respondents to the Applicant. The reasons mentioned in the counter are not sufficient to dismiss the application. The contention that they have not received the documents from the earlier management inspite of they coming into management w.e.f. 01.06.2021 is not found to be tenable - there shall be direction to all the respondents to cooperate with the Applicant and provide all the information/documents/clarifications as and when required till the completion of the CIRP period including books of accounts for the smooth running of CIRP process of the Corporate Debtor. Application allowed in part.
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