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2022 (9) TMI 394 - Tri - Insolvency and BankruptcySeeking execution of order dated 27.02.2017 against Respondent No. 2 & 3, in terms of Clause (3) of Section 424 of the Companies Act - non-extension of cooperation to the 2nd Respondent/Chairperson and to the Auditor appointed by this Tribunal - failure to take the relevant records under his custody and make available those records to the Applicant - copies of the record as requested by the Applicant were not provided - HELD THAT:- Admittedly, the order of this Tribunal dated 27.02.2017 being a consent order, both sides shall ensure compliance of the terms without any deviation what so ever. While it is the case of the Applicant that the Respondents 2 & 3 viz. the Chairman appointed by this Tribunal for the 1st Respondent Company and the 3rd Respondent who is the promoter/Director of the 1st Respondent have breached the directions (iv), (v), (viii), (ix) and (x) of the consent order dated 27.02.2017, given under clauses, the Respondents 2 & 3 strongly refuted the same and further contended that earlier applicants claiming similar reliefs and alleging contempt of the order of this Tribunal dated 27.02.2017, besides non-cooperation were filed under CA 51, 52 & 53 of 2018 and the said IAs after enquiry were dismissed by this Tribunal vide order dated 22.04.2019. However, the appeals preferred against the said order before Hon'ble NCLAT are pending. The Tribunal passed order dated 27.02.2017 giving various directions in the interest of 1st Respondent, which is now under the management of the Chairperson appointed by this Tribunal. Therefore, it is imperative that the directions supra, shall invariably be followed/complied with by the parties in the interest of the 1st Respondent, lest the affairs and the management of the 1st Respondent will be in jeopardy. The Petitioner as well as Respondents No. 2 & 3 are directed to extend full co-operation to the Chairperson of the 1st Respondent and to the Auditor enabling them to discharge their duties/functions - Application disposed off.
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