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2020 (4) TMI 151

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..... Rl and R2 are not expected to make allegations against each other ignoring their duty to handover the books of the Company to the Applicant on the Application filed on 30.09.2019. Till date, these two Respondents have not provided information in full that has been sought by the RP - On the other hand, the RP says that though already 268 days of CIRP period is over, he is unable to proceed with CIRP because information that is required to proceed further has not come so far. RP further says that ten hearings have been provided to these Respondents, but so far information required for discharging his functions has not come forth from these Respondents. It is evident that these Respondents have neither produced the books of the company nor .....

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..... o the Resolution Professional to perform his duties; g. To provide continued support to the Applicant Resolution Professional in providing the accounts, information or engagements, receivables, agreements, filing of compliances with MCA etc; h. To provide all documents and support to the Resolution Professional including but not limited to the, 1. Financial Records including Tally Data up to 31st March 2016 (both the Respondents deny having these records, CD had originally approached Indian Bank for loan in FY 2013-14 and first disbursement took place on 23rd Nov 2013); 2. Evidence of receipt of material at site since start of Project; 3. Record of Material sent out of site, whether that has been received back or not; 4. A .....

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..... their possession have already been annexed to the affidavit filed by R3, as to other information sought by the RP being related to the company management, R3 cannot be made accountable for supply of documents which are not in their possession. 4. On perusal of this application, it appears that R1 is the mother of R2. These two are making allegations against each other, by R2 saying that she came into the company only in the year 2016, therefore she cannot be held responsible and R1 saying that she being aged about 80 years, she has not been dealing with the management of the company though continuing as director of the company. 5. On perusal of the facts aforementioned, it is evident that since R2 subsequently resigned as director an .....

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