TMI Blog2021 (3) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... y person other than the concerned insolvency professional, the Board or the Adjudicating Authority. Payment of balance amount - HELD THAT:- The learned counsel for the respondent stated that he is not aware of the quotation received by the applicants from M/s Suraj Stationary and xerox, Mumbai stating that the photostat costs of A/4 Black and while per print will be ₹ 1.50 per piece plus 18% GST. However, the respondent relied on another invoice produced by the same organisation stating that the photo copy charges of A/4 black and white printing charges per sheet is ₹ 3/-. Since the very same organisation has issued the quotation, the Respondent is directed to reduce the photocopying charges as ₹ 1.50 per piece and ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh, Advocate ORDER Since common reliefs have been sought in all the above I.As, these I.As are disposed with this common order. 2. These IAs have been filed by former employees of Excel Glass Limited under Rules 11 and 32 of the NCLT Rules, 2016 for the following reliefs: (i) To direct the Respondent No.1/Liquidator to comply with the interim order dated 21.8.2020 passed by this Tribunal and to provide copies of relevant and appropriate documents sought for by the applicants within the sum of ₹ 31,500/- already remitted by the applicants. (ii) Direct the Liquidator to furnish the following: (a) Books of Accounts reflecting information pertaining to the applicants of FY-2010-11, 2011-12, 2-12-13, 2013-14 and 2015- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demic in Maharashtra. Hence, again applicants sent mail dated 12.11.2020 to supply the documents. Instead of sending the requested documents, the Liquidator sent the books of accounts of all 22 workmen, whereas the information ought for by two workmen only. It is true that the books of accounts for the financial years 2016-17, 2017-18, 2018-19 upto liquidation commencement dated 2.10.2010 have been provided by the Liquidator, but the books of accounts of prior dates sought have not been provided. Hence the documents which are mentioned in this IAs are necessary to determine the applicants lawful dues on account of (a) salary arrears, (b) Bonus (c) Medical reimbursement (d) Gratuity amount (e) Provident Fund due (f) notice pay. The applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd is being updated by the Respondent of the ongoing liquidation process. In case this Tribunal directs to provide the books of accents of the present applicants, the respondent is ready to supply the same. The detailed calculation and working of the admitted and non-admitted claims pertaining to gratuity amount was sent to the applicants with copy of documents on 12.12.2020. Regarding the payment of ₹ 31,500/- by the applicants the Tribunal in the interim order clearly mentioned that the learned counsel for the applicant submitted that his client shall bear the cost for providing those documents. The applicants vague and unspecific instructions delayed response and consistent filing of new MA in the same matter for the same reliefs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicants shall be provided by the Liquidator on payment of the balance amount to be paid by the applicants, except the Minutes of Meetings with the Committee of Creditors, which are of confidential in nature which include the valuation and other secretive informations. If these documents are provided to the applicants and the public, that will affect the bidding process of the liquidation assets of the Corporate Debtor. To strengthen his argument on this account, the learned counsel for Liquidator has referred to Section 2 Sub Section (13) and Sub Section 2 of Section (2) of IBC, 2016. Sub Section 13 of Section reads thus: (13) financial information , in relation to a person, means one or more of the following categories of informati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the duties specified in Chapter VI in respect of the reports, registers and minutes submitted under sub-regulation (1). 9. From a reading of the above regulation/provision, it is clear that the information utility shall not provide access to the reports, registers and minutes submitted under sub-regulation (1) to any person other than the concerned insolvency professional, the Board or the Adjudicating Authority. 10. Regarding the payment of balance amount, the learned counsel for the respondent stated that he is not aware of the quotation received by the applicants from M/s Suraj Stationary and xerox, Mumbai stating that the photostat costs of A/4 Black and while per print will be ₹ 1.50 per piece plus 18% GST. However, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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