TMI Blog2021 (2) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... did not appear before this Tribunal and the Bench relying on Sections 5(20) and (21) and Section (3)(1)(b) (c) of the IBC 2016, admitted the application and ordered Corporate Insolvency Resolution Process (CIRP). Non-cooperation of the respondent/Corporate Debtor is evident from their behaviour. Now after admission, all the steps taken by the Resolution Professional for getting cooperation from the side of the suspended Directors have been failed. Hence, he has appraoched this Tribunal seeking aforesaid reliefs, under Section 19(2) of the IBC, 2016. As per Section 19(2) of the IBC, 2016, it is made clear that this Tribunal can direct such personnel or other person to comply with the instructions of the Resolution Professional and to coop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ooks and accounts etc. for management of the Corporate Debtor as required under the Code. (b) Issue directions to the District Administration, Ernakulam to provide necessary assistance to the applicant including Police Protection in discharging the applicant s duties as Resolution Professional of corporate debtor (c) Issue directions to the Commissioner of Police, Ernakulam to provide necessary Police Protection to the applicant in discharging the applicant s duties as Resolution Professional of Corporate Debtor. 2. When IBA/24/KOB/2020 filed by M/s Abheeshnair Engineering Private Limited (Operational Creditor) under Section 9 of IBC was admitted by this Tribunal on 26th November, 2020 the applicant herein is appointed as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 11th January, 2021 the Resolution Professional visited the registered office of the Corporate Debtor, it is seen that the company was closed and so he could not enter the premises. So he could not collect the books of accounts and other papers, which are reported to be in that office. 4. In view of the aforesaid reasons, the applicant has filed this interlocutory Application. 5. When the matter was taken up for hearing Shri Vinu Thomas, learned Practicing Company Secretary, appeared through Video Conferencing on behalf of the Applicant and argued the matter. He has stated that in order to proceed with the CIRP, the documents sought for by the Resolution Professional from the Corporate Debtor is urgently required and that since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by him in managing the affairs of the corporate debtor. (2) Where any personnel of the corporate debtor, its promoter or any other person required to assist or cooperate with the interim resolution professional does not assist or cooperate, the interim resolution professional may make an application to the Adjudicating Authority for necessary directions. (3) The Adjudicating Authority, on receiving an application under sub-section (2), shall by an order, direct such personnel or other person to comply with the instructions of the resolution professional and to cooperate with him in collection of information and management of the corporate debtor. A bare reading of the above provision makes it clear that this Tribunal can di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
