TMI Blog2021 (1) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents are responsible for delaying the progress of CIRP even if works of all are disrupted due to Covid-19 pandemic. Only because the RP can exclude the unutilised period from the timeline to be completed by her, due to lockdown issued by the respective Government, it doesn't mean that the respondents can cause deliberate delay in handing over the information, documents, assets of the CD and books of account which are essential for continuing the CIRP. The respondents are to be directed to assist or cooperate the RP for completion of the process keeping the timeline as mandated under the Regulations - respondents/directors of the suspended board of the Corporate Debtor and R5 auditor, are directed to provide immediate cooperation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btor M/s. R.P. Info Systems Limited is undergoing CIRP vide order dated 4th February, 2020. Ms. Ramanathan Bhuvaneshwari was appointed Interim Resolution Professional (in short IRP ) for the Corporate Debtor whose appointment was later on confirmed by the CoC as the RP in its first meeting dated 03.03.2020. 5. While continuing with the CIRP process the RP was unable to collect all information, documents and assets details of the CD due to the non-cooperation of the directors of the suspended board of CD and the auditor (R1 to R5). To strengthen the contention, various copies of emails seen annexed with the application. It is also stated that Respondent No. 5 (last Auditor of the Corporate Debtor) has, till date, only provided certain do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtended from time to time. A copy of the order dated 17th October 2018 passed by the Appellate Tribunal under the PMLA is annexed as Annexure 'K' to the application for our reference. 7. Ld. Counsel for the R1 and R3 Ms. Ujjaini Chatterji, submitted that the allegations levelled in the application are all false. The respondents, especially the respondent no 1 has at all times kept in touch with the RP and provided with all necessary documents and information within his knowledge that shall reflect from the replies given by him in such emails. The RP was handed over Duplicate keys of the office yet she has not accessed the same. RP was informed time and again that without permission of ED such properties/assets cannot be handed ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oks of account which are essential for continuing the CIRP. 9. Having heard the submissions made by Ld. Counsel for the Resolution Professional and the Ld. Counsel for the respondents except R5, and going through the records available with us we are of the opinion that respondents are to be directed to assist or cooperate the RP for completion of the process keeping the timeline as mandated under the Regulations. Accordingly we are passing the following directions to the respondents: ORDER i) The respondents/directors of the suspended board of the Corporate Debtor and R5 auditor, are directed to provide immediate cooperation and assistance to the RP by providing the information, documents and handing over possession of the assets a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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