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TMI Blog2019 (3) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... the police. The son/Business Head of the Ex-director Mr Vishal Dave was present at the side, and the union leader along with about 10 workers accompanied him at the site. Mr Vishal Dave informed the RP that the site identified by the RP and her team was not the site of SWTPL. He further informed that the property belonged to him and showed the RP a bunch of documents which he claimed to be the title documents of the property. However, when the RP requested him to show her the title documents, he refused, and on asking for a copy of the same, he refused to give the same stating that RP should write an official letter to obtain the same. In the meanwhile, the union leader along with the workers kept on creating a nuisance on the site making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it verified from a notified surveyor before entering into the premises. It is further reported that "the police officer was reluctant to provide any assistance as there was no clarity regarding the entrance of the factory premises. Accordingly, the RP recorded the Panchanama and concluded the affairs of the day." Regarding the Corporate Office of SWTPL, the RP has reported that "RP along with her team visited the site with the assistance of the police. The son/Business Head of the Ex-Director, Mr Vishal Dave, was present at the site along with two lawyers, and a photographer and videographer who accompanied him. The RP and her team along with the police after reaching the site observed that the said shops/offices, i.e. 201, 202, 203 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter that Municipal Corporation had no authority to seal the property of the Corporate Debtor. The Municipal Corporation of Ahmedabad is directed to immediately open the seal and hand over the possession of the entire property of the Corporate Debtor to the Resolution Professional. As far as the conduct of Mr Gaurav Dave, Ex-Director of the Corporate Debtor and his son/Business Head Mr Vishal Dave are concerned, they are directed to file affidavit relating to non co-operation with the RP. It is to be clarified that RP is discharging her duties as Court Officer and any noncompliance of the Court Officer will be deemed as Contempt of Court. It is also to be pointed out that section 70 of IBC provides that 70. (1) On or after the insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and till date the Ex-director Mr Gaurav Dave and his son Business Head Mr Vishal Dave has not complied with the direction of the Court, and they have not handed over the possession of the property to the Resolution Professional. The Resolution professional has also reported that Mr Gaurav Dave abused the RP while she was discharging her duties as Court officer. Such actions of the Ex-directors can never be tolerated. We at this moment provide two days to the Ex-Directors to comply with the directions given by us and hand over the entire possession of the property, papers and all documents relating to the Corporate Debtor company to the RP. RP is directed to submit the status report on 25.2.2019. Mr Gaurav Dave and Mr Vishal Dave should ..... X X X X Extracts X X X X X X X X Extracts X X X X
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