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TMI Blog2021 (6) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... mdar, Ayusmita Sinha, Dipankar Das, Sanjana Nandi, Advocates, Partho Sen, DGM, Kanimozhi V.C., Joy Saha, Senior Advocate and Party-in-Person ORDER Rajasekhar V.K., Member (J) 1. This court convened via video conference today. 2. IA No. 1475/KB/2020 is an application filed by the Resolution Professional against State Bank of India (SBI) - Birpara Branch, SBI-Corporate Accounts Group Branch and SBI - Mal Branch; IA No. 158/KB/2021 has been filed against HDFC Bank, BBD Bag Branch, and IA No. 361/KB/2021 has been filed concerning amount deposited with HDFC Bank in IA No. 158/KB/2021. 3. On an application filed by Sangita Fiscal Private Limited, Navnita Tradefin Private Limited, Sudhir Credit Private Limited and Ruchi Trades & Holdings Priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondents to remove the lien from the accounts maintained with them. The Respondents informed the RP that the accounts had been attached by various authorities, therefore, they could not remove the lien/attachment. The RP, therefore, vide another email dated 05.11.2020, requested Respondent No. 2 to provide the details of various authorities that had ordered the lien on or attachment of the Corporate Debtor's accounts. Respondent No. 2 responded that the details as requested had been sent to the SBI-SAMB Branch, however, the RP did not receive the details yet. 8. The Corporate Debtor requires working capital the Applicant also must take control and custody of the assets belonging to the Corporate Debtor for speedy completion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only) and Rs. 1,66,045.87 (Rupees one lakh sixty-six thousand forty-five and eighty-seven paise only) in fixed deposits are still lying in Account Nos. 00082220000233 and 00142220000493, maintained by the Respondent. 12. The RP has requested the Registrar and Transfer Agent of the Corporate Debtor to provide information about the holders of the aforesaid two fixed deposits, however, it did not provide any information to the RP. The RP even requested the bank to provide the detail of the holder, however, the bank only informed the RP of the amount that was deposited in the accounts and stated that the details of the account holder was not available with them. 13. On 28.08.2020, the RP sent an email to the Respondent requesting it to exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransfer Agent of the Corporate Debtor to get the information about the holders of the aforesaid two fixed deposits, however, they have not been able to provide the information. The RP has also requested the NSDL who are yet to provide the said information. The RP even requested the bank to provide the detail of the holder, however, the bank only informed the RP of the amount that was deposited and stated that the detail of the holder was not available with them. 17. The amount of Rs. 6,11,72,126.00 (Rupees six crore eleven lakh seventy-two thousand one hundred and twenty-six only) is against the unsecured debts and these debts have not been claimed by anyone. In case any claim is submitted against the said amount, the RP shall consider the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btor has tea gardens which are running. The workers and employees need to be paid. Freezing the bank accounts of the corporate debtor only tends to exacerbate the situation. 23. It is pertinent to observe here that on an earlier occasion, through an application bearing IA No. 1477/KB/2020 in the underlying company petition, the Applicant/RP had prayed for direction on ICICI Bank to release the attachment and defreeze account of the Corporate Debtor bearing No. 635405000368. This Adjudicating Authority had ordered the Respondent therein to defreeze the bank account in respect of which the prayer was made, i.e., 635405000368 along with another account bearing 635405000356 with the same bank. The Adjudicating Authority had further restrained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leave of this Adjudicating Authority, for the duration of the CIRP of the corporate debtor. Any existing lien, attachment or restraint order of any kind issued by any authority, shall be considered to have been removed and the balance at credit shall be available in full to the Resolution Professional to carry out his duties during the course of the CIRP. 28. We direct so in view of the decision of the Hon'ble NCLAT in Director ate of Enforcement v. Sh. Manoj Kumar Agarwal & others, judgment delivered on 09.04.2021 that any hindrance created by the attachment or taking over of the possession of property would be a question of priority arising out of or in relation to the CIRP or liquidation proceedings which can be decided under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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