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TMI Blog2019 (7) TMI 1483X X X X Extracts X X X X X X X X Extracts X X X X ..... ke appropriate action against the offenders alleged to have stolen goods and machinery of the Corporate Debtor Company on the dates mentioned in the Company Application; the Police to support the Resolution Professional in protecting the factory premises and assets thereof and the police to assist the recovery process of stolen goods, machineries and equipments, etc. 2. On perusal of this MA, it appears that CoC meeting was held on 02.04.2019 wherein, looking at the materials placed before the CoC, it has suggested the Resolution Professional to file this MA before this Bench on being notified that the machineries and assets of the Corporate Debtor have been stolen at various points of time as mentioned in the MA. 3. On being informed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate Debtor from the factory site. On the submission made by the counsel of Resolution Professional, it appears that the very same Operational Creditor organised this highhandedly lifting machinery of the Corporate Debtor with men and machinery. 6. It appears that the Honourable High Court of Madras has appointed an Advocate Commissioner to take inventory of the machinery and material present at the premises, accordingly the Commissioner had taken the inventory available at the factory premises and filed report on 30.11.2018 before the Honourable High Court of Madras reflecting the inventory present at the factory premises. The Resolution Applicant has also filed the report of the Advocate Commissioner which has been filed before the Honou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2013 r/w regulation 30 of CIRP Regulations, 2016. 10. Upon reading these provisions, we are of the view that State Machinery is under obligation to provide assistance to the Resolution Professional in discharging the functions of the Resolution Professional, including taking action against the culprits causing loss to Corporate Debtor and also to protect the assets of the Corporate Debtor. 11. For doing so, it is obvious that unless the State Machinery takes active steps in providing appropriate assistance to the Resolution Professional, it is difficult for him to discharge the functions of Resolution Professional so as to hold the value of the asset intact, thereby this Bench hereby suggests the District Collector of Kanchipuram to tak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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