TMI Blog2021 (11) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... T Rules, 2016 read with Section 12 of the Contempt of Courts Act 1971 praying for the following reliefs: - i. To take appropriate action against Respondent for failing to adhere to the order of this Tribunal and failing to provide necessary documents as sought in MA/97/KOB/2020 and IA/42/KOB/2020. ii. To provide the following documents to the Applicant: a) Supporting Documents reflecting information pertaining to the applicant for the Financial Year 2010-11, 2011-12, 2012-13, 2013-14, 2015- 16. b) Supporting Documents detailing statutory dues (gratuity, provident fund, and pension) pertaining to the Applicant prior to 2012 and post 2012. c) Ledger/Books of Account reflecting entry for payment of settlement amount of Rs. 8000 by Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, and notice pay and gratuity. 4. It is stated that thereafter the Applicant preferred an application MA/97/KOB/2020 under Section 60(5) of the IBC, 2016 for directions to complete verification of dues to be paid to the Applicants amongst others. The contentions raised in the present application is with reference to the specific interim prayer (c) in MA/97/KOB/2020, in which vide order dated 26.08.2020 the Respondent was directed to serve a copy of the following to the Applicant: a) Pleadings of the 1st Respondent/Corporate Debtor b) Report/Filings collated c) Detailed calculations of Applicants admitted and non-admitted claims; d) Books of Accounts; e) Minutes of meetings with Committee of Creditors; f) Legal opinion statin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned previously in their application and an email dated 12.11.2020 was sent. Thereafter this Tribunal directed the Respondent to provide all other documents sought for by the Applicant excluding the Minutes of the Meeting of the CoC. 7. However, the Respondent did not provide the requisite documents. It is also stated that the Respondent is duty bound to provide the documents requested by the Applicant within seven days of such request. Section 37(2) of the Act provides that the Creditors may require the Liquidator to provide any financial information relating to the Corporate Debtor in such manner as may be specified. It is further provided in Section 37(3) that the Liquidator is to provide the information under Section 37(2) of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|