9911796707
TMI Blog2019 (9) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... oth the respondents in all four writ petitions are before this Court. 2. With consent of learned counsel on both sides, main writ petitions are taken up, heard out and are being disposed of. 3. This Court is informed that these four writ petitions arise out of a common factual matrix, that the central theme / core issue in all these four writ petitions is the same and that only the Assessment Years are different. The Assessment Years being different, obviously the numerical values are also different. Therefore, this common order will dispose of these four writ petitions. 4. Be that as it may, it is submitted that the subject matter of these four writ petitions arise under 'Tamil Nadu Value Added Tax Act 2006 (Tamil Nadu Act 32 of 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mond Engineering (Chennai) Private Limited was initiated by a Creditor before the 'National Company Law Tribunal', Chennai ['NCLT' for brevity] interalia under Section 9 of 'Insolvency And Bankruptcy Code, 2016' ['IBC' for brevity] read with Rule 6 of 'Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016' ['IBC Adjudication Rules' for brevity] and NCLT has passed an order dated 06.06.2017 interalia appointing an interim Insolvency Resolution Professional. This is vide proceedings in CP/507(IB)/CB/2017 (IND/1523/(IB)/CB/2017) before NCLT. 8. The most relevant part of the order of NCLT including the operative portion is contained in Paragraphs 5, 6 and 7, which read as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of financial Assests and Enforcement of Security Interest Act, 2002(54 of 2002); (d) The recovery of any property by an owner or less or where such property is occupied by or in the possession of the corporate debtor. 6. The Registry is directed to inform the Insolvency Resolution Professional to take charge of the entity and make compliance with this order as per the provisions of I&B Code, 2016. 7. Accordingly, the application is admitted. The Registry is directed to communicate this order to the operational creditor and the corporate debtor. Pronounced in the open court.' 9. The Insolvency Resolution Professional ['IRP' for brevity] has also taken charge of the writ petitioner company and has filed a status report bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd subject to such restrictions, as may be specified by the Board; (c) have the authority to access the electronic records of corporate debtor from information utility having financial information of the corporate debtor; (d) have the authority to access the books of account, records and other relevant documents of corporate debtor available with Government authorities, statutory auditors, accountants and such other persons as [may be specified; and] [(e) be responsible for complying with the requirements under any law for the time being in force on behalf of the corporate debtor.]' 12. Adverting to the aforesaid provisions, learned Revenue counsel points out that the writ petitioner company namely Diamond Engineering (Chennai) P ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
