9911796707
TMI Blog2022 (3) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... tor are stated to have been flouting the orders of this Adjudicating Authority with impunity which is quite visible from the facts placed on record, and this Adjudicating Authority is constrained to pass equally befitting orders and issue coercive directions, lest it should not be taken as the helplessness of the Adjudicating Authority to have its orders complied with, or show the dearth of power in the Adjudicating Authority to have the compliance of its fair and reasonable orders by all concerned. 3. In this case the respondents/the Members of the suspended Board of Directors have been successfully avoiding the compliance of the orders directly or indirectly which cannot be turned blind eye to. 4. The brief facts leading to the a rather ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a speed post letter dated 27th April, 2021 was also delivered on 28th April 2021. iv. The Liquidator has submitted that respondents have grossly failed to comply with the directions given in the order dated 13th April, 2021. The application I.A./604/KB/2021 was taken up on 14th September, 2021 and on the said date respondents through their counsel gave an undertaking that the requisite information and documents would be made available to the liquidator within one week but that order has also been grossly violated by the Respondents. v. In a similar order passed on 18.11.2021, the promoters/Directors of the Corporate Debtor were directed to hand over possession of the premises along with all requisite information and documents within 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and employees informed that they would be willing to cooperate with the liquidator only if assurance is given to them that their erstwhile management Mr. Swapan Mukherjee and Mr. Arjun Mukherjee would be allowed to regain possession of the factory. 6. The liquidator also submitted the report on compliance of orders dated 28th December, 2021, on 9th January, 2022 along with the minutes of the events recorded on 8th January, 2022 by the liquidator. It is submitted by the liquidator that no books of accounts in the Tally System were received on or before 8th January, 2022 and one Mr. Arjun Mukherjee, Promoter sent an email on 11.01.2022 containing some Tally Data files, which presently are under verification by the liquidator and his team. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Building No. II Gr. Flr (Southern Part) measuring 1383.90 sq.ft. situated at Behala Industrial Estate, Building No. 1 & 2, 620 Diamond Harbour Road, Kolkata-700034, West Bengal; iii. Property 3: Immovable Property being piece and parcel of Building No. II (Southern Part) 1st Floor, measuring 3322 sq.ft. situated at Behala Industrial Estate, Building No. 1 & 2, 620 Diamond Harbour Road, Kolkata-700034, West Bengal. iv. Property 4: Immovable Property being Piece and parcel of Building No. II (Southern Part) 2nd Floor, measuring 1517 sq. ft. situated at Behala Industrial Estate, Building No. 1 & 2, 620 Diamond Harbour Road, Kolkata-700034, West Bengal; v. Motor Vehicle being Honda Car bearing registration No. WB 02V 6363; vi. Motor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 35(1)(b) of I & B Code, 2016, as per the orders of National Company Law Tribunal, Kolkata. The Police Officer/official deputed for the purpose, shall not allow any hindrance or obstruction to be caused in the working of the liquidator, either by the respondents or their associate workers/employees and if anybody causes obstruction, the Liquidator shall lodge an FIR with the police against the miscreants whosoever he/she may be and the Police shall take appropriate legal action against them, under the Indian Penal Code. In case the orders/directions of this Adjudicating Authority are not complied, appropriate action shall be taken by this Authority as per the law/rules. 12. The Liquidator shall perform his duties as per the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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