9911796707
Advanced Search 
TMI Blog2019 (3) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... cant (Respondent No. 2 of IA 287 of 2018) with the prayer, to allow the Petitioner/Applicant to travel to Abu Dhabi UAE from 19.02.2019 to 24.02.2019 to attend the wedding ceremony of his friend's son as per e-invitation received by the present applicant: 1. The brief facts of the case is/are that the present Respondent (Applicant of IA 287 of 2018) moved an application under sections 60(5)(c), 66 and 67 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "IBC") with one of the prayers amongst many others, seeking direction against the respondent Nos. 2 to 5 in IA 287 of 2018, to deposit their passports with the Registry of this Tribunal during the pendency of IA 287 of 2018. 2. It is alleged in IA 287 of 2018 that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h IA 287 of 2018 are of 2011 and moreover they have no relevance in the instant case, besides, they are not certified copies. Such an act of the respondent, is the result of some personal vendetta against the board of directors of the respondent No. 1 Company BIL. 6. It is further submitted by the Ld. Counsel of the present Applicant that the respondent had suppressed the material facts, that, vide order dated 15.5.2018, the Special Judge CBI had granted permission to one of the directors of the Company BIL, namely Shri G.S. Bhatia, Respondent No. 3 in IA 287 of 2018 to travel abroad. It is submitted that by suppressing the said order, the respondent (Applicant of IA 287 of 2018), has obtained the ex parte ad interim order dated 09.08.2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- with the Registry of this Tribunal in addition to documents and clarifications sought by the Liquidator of the Company, BIL. 12. It is submitted by the Ld. Counsel of the respondent of the instant application that the applicant's friend whose son's wedding ceremony, the applicant is going to attend, is/are fugitive(s) and has/have fled South Africa and has/have been embroiled in numerous fraudulent money laundering activities. 13. Heard both sides at length and seen the documents relied upon by both sides. 14. It is an admitted position that Company BIL is under liquidation and under the control and charge of Liquidator. The Liquidator has not approached this Bench for seeking any relief against the present applicant. The resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate debtor as it may deem fit. (2) On an application made by a resolution professional during the corporate insolvency resolution process.............. Section 67 - Proceedings under section 66 67(1) Where the Adjudicating Authority has passed an order under sub-section (1) or sub-section (2) of section 66, as the case may be, it may give such further directions as it may deem appropriate for giving effect to the order, and in particular, the Adjudicating Authority may ... "(2) Where the Adjudicating Authority has passed an order under sub-section (1) or sub-section (2) ......................................." Section 3(7) - Definition of Corporate Person "Corporate Person" means a company as defined in clause (2) of section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s friend's son. All the allegations are only against third party. 16. That the present applicant has filed his travel program along with e-invitation card specifying the place of visit for a period from 19.02.2019 to 24.02.2019. 17. The respondent (applicant of IA 287 of 2018) has also failed to produce any evidence of the recent past about the conduct of the present applicant (respondent No. 2 of IA 287 of 2018). Moreover, it is the domain of the liquidator to raise objection, if any, when the company is already under liquidation. 18. It is pertinent to mention herein that as per Section 35 of the IBC, the moment, the order of liquidation is passed, the Liquidator takes into his custody or control, all the assets, properties, effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of its business; (h) to take out, in his official name, letter of administration to any deceased contributory and to do in his official name any other act necessary for obtaining payment of any money due and payable from a contributory or his estate which cannot be ordinarily done in the name of the corporate debtor, and in all such cases, the money due and payable shall, for the purpose of enabling the liquidator to take out the letter of administration or recover the money, be deemed to be due to the liquidator himself; (i) to obtain any professional assistance from any person or appoint any professional, in discharge of his duties, obligations and responsibilities; (j) to invite and settle claims of creditors and claimants and di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
