TMI Blog2022 (3) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2013, need to be handed over, stored and delivered at the factory premises. The 'Books of Accounts' in Tally format may be specifically directed to be made available at the factory premises. It is further ordered that for ensuring that the Corporate Debtor runs as a going concern, the designated person who has been mentioned as a responsible person under the Pharmacy Act, 1948 or the Drugs and Cosmetics Rule, 1945 or any other relevant Act, for running this pharmaceutical company needs to be identified. The said person may also be directed to cooperate with the liquidator to maintain the continuing operation of the Corporate Debtor. The Deputy Commissioner, Parnashree Police Station, Kolkata, West Bengal to provide neces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectors 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 unhappy situation that has arisen in this matter are as under:- i. Bell Finvest (India) Limited, the Financial Creditor had filed a petition under section 7 of the Insolvency and Bankruptcy Code, 2016 for initiating CIRP against Duckbill Drugs Pvt. Ltd. and vide order dated 17.12.2019, the petition was admitted and Mr. Bhupendra Singh Narayan Singh Rajput was appointed as the Interim Resolution Professional. Thereafter, when the order of the liquidation was passed on 13th April, 2021, specific directions were given to the personnel of the Corporate Debtor i.e. the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der 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 days, failing which, appropriate steps would be taken against them but unfortunately that order also appears to be have been neglected and violated by the respondents. vi. The matter was once again listed on 28.12.2021 when this Adjudicating Authority passed the orders directing the Ex. Directors to hand over the immovable properties/assets located at Behala Industrial Estate, Kolkata to the liquidator on 08.01.2021 at 11 a.m. in the presence of Ld. Counsel for the Respondents/Ex. Directors and Ms. Debaleena Ganguly, counsel for the liquidator. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore 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. 7. It is further submitted that no possession of the immovable property was given to the liquidator. The liquidator has further submitted that after the order of liquidation on 13th April, 2021, CA Santanu Brahma was appointed as liquidator because the erstwhile RP did not want to continue as liquidator seriously, on this the liquidator could not get the opportunity to negotiate with the CoC members on matters relating to his remuneration and others, as is permissible as per the relevant provisions of the Code. It is submitted that after resuming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring 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 Vehicle being Maruti Wagon R bearing registration No. WB 06 J0681; vii. Plant Machinery, Office Equipments, Electrical Installation and others stationed and available at Behala Industrial Estate, Building No. 1 2, 620, Diamond Harbour Road, Kolkata-700034, West Bengal. 9. Since, there is no registered office of the Corporate Debtor, these respondents/Directors shall hand over all the 'Books of Accounts' which shall include but are not limited to sales register, purchase register, Journal, ledgers, cash ..... X X X X Extracts X X X X X X X X Extracts X X X X
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