TMI Blog2021 (3) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... premises as the premises used by other 20 companies as their head office and the liquidator has the right only to access the records and documents pertaining to the Corporate Debtor maintained in the office premises. The Learned Adjudicating Authority without considering the Application for clarification passed the impugned order dated 14.08.2020 on the Contempt Application - while considering the Contempt Application the Adjudicating Authority should have decided the Application for clarification. In the light of such admission, and the fact that office premises is used by other 20 Companies as their registered office, the direction of Adjudicating Authority to hand over the keys to the liquidator and in case the set of keys are not handed over to the liquidator, the liquidator is free to approach the Superintendent of Police to provide necessary help and protection to the liquidator in having the lock(s) broken and replaced with new lock(s) without any delay, is erroneous and not sustainable. It is clear that the Adjudicating Authority thought it proper that the matter requires a detailed hearing for an overall view of the situation - Adjudicating Authority is directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accounts, for following reliefs:- a. To assist and cooperate with the liquidator in laying down adequate infrastructure for resumption of work at office and from home as the case may be. b. To open the offices of the Corporate Debtor at Kolkata by following social distancing norms and precautions as may be notified by the Government from time to time. c. To arrange for a separate set of keys of the office of the Corporate Debtor at Kolkata to be kept in the possession of the Liquidator. d. To extend full cooperation and assistance to the liquidator by following his instructions in carrying out his duties and responsibilities under law and to provide information and documents as may be required by him from time to time. e. An order directing the local police station to help and assist the Liquidator in the Respondent failed to cooperate with the Liquidator in a time bound manner. f. Interim and/or ad interim orders in terms of the prayers hereinabove. g. Such further order or orders as to which this Hon ble Tribunal may and for this act of kindness, your applicant, as in duty bound, shall ever. 2(b). After considering the submissions of the parties Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for office dated 04.07.2020. The Relief prayed in the Application is as follows: - (a) Pass appropriate direction against the Liquidator thereby directing him not to claim the exclusive possession of the said premises located at 22, Camac Street, Block C 5th Floor Kolkata. (b) Clarify that the liquidator has a right only to access the database/record/documents pertaining to Gujarat NRE Coke Limited (in Liquidation) being marinated at the said premises. (c) Pass any such further and/ or other order as this Hon ble Tribunal may deem fit and proper in the interest of Justice. 2(d). Admittedly the aforesaid application has not been decided by the Adjudicating Authority till 14.08.2020 i.e when the second impugned order is passed. 2(e). After passing of the impugned order dated 17.07.2020, the Liquidator has sent several emails to the officials of the Corporate Debtor but they failed to comply the order. Therefore, the Liquidator filed an Application for initiation of Contempt Proceedings against Arun Kumar Jagatramka, Promoter and suspended Director of the Corporate Debtor and Kavita Jagatramka, Director of Surajbari Traders Pvt. Ltd. The Contempt Application is fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an access to the registered office premises of the company any time, without any interruption or interface by the Respondents or anyone else at their behest; (ii). The Respondents, however, shall have an access to that part of the premises which are being occupied or used by the other group companies. (iii). The Respondents shall make their own arrangements for safeguarding and preservation of all their papers and the records and the records of other group companies, at their own costs and responsibility, either by employing a dedicated employee/security guard for that purpose. They shall not be entitled to raise any allegation in that regard against the Liquidator or any of the persons employed or deployed by the Liquidator. (iv). In case the set of keys are not handed over to the Liquidator, the Liquidator is free to approach the Superintendent of Police of the area concerned, where the registered office of the company is located, who shall provide all necessary help and protection to the Liquidator in having the Lock(s) broken and replaced with new locks, without any delay; In addition to the above directions, the Respondents are issued a Show Cause notice, as to why ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time and again have given their un-conditional undertaking to comply with the directions of Adjudicating Authority dated 17.07.2020. However, the keys of the office premises have not been handed over to the Respondent No.1 and thus the non-cooperation is still continuing. It is also submitted that the Respondent No.1 clarified that he does not seek any exclusive possession of the office premises even though he was not provided access to the office premises for the liquidation proceedings. It is settled law that contempt proceedings can lie against third parties who have willfully and knowingly thwarted the directions passed by the court/tribunal and further have knowingly aided and abetted in administration of justice. Thus, even without arraying as party, the Appellant can be punished for contempt of court. Thus these Appeals are liable to be dismissed. 8. The Appellants have filed Rejoinder Affidavit on 17.09.2020 and annexed copy of the order dated 09.09.2020 (Annexure R-3) passed by the Adjudicating Authority. 9. After hearing learned counsel for the parties, we have minutely gone through the record. 10. Admittedly in the Application under Section 19(2) r/w Section 34 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lay, is erroneous and not sustainable. 14. It is pertinent to note that after passing of the impugned order dated 14.08.2020, the matter was listed for hearing before Adjudicating Authority on 09.09.2020, after hearing the parties following consent order has been passed by the Adjudicating Authority. 5. During the course of hearing it was suggested by the parties that a clear picture would be brought before this Adjudicating Authority if a Special Officer is appointed., to visit the premises with advance intimation to the parties. We therefore, appoint two Special Officers namely, Mr. Sidharta Basu, Advocate (Contact No. 9903735892 and email id: sidharta.basu@gmail. Com) suggested by Ms. Ujjaini Chatterjee, Adv. on behalf of the liquidator and Mr. Kamal Prakash Singh, CA(IBBI/IPA-001/IP-P-01722/2019-2020/12653) suggested by Mr. Moti Sagar Tiwari, Advocate on behalf of the Respondents in I.A. No. 694/KB/2020 as Special Officers to perform the above duties with the help of an architect/draughtsman of their choice. The parties will pay the fees of Special Officers suggested by each one of them. The Special Offices will understand the situation on the spot and give their report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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