TMI Blog2022 (6) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... een provided by Respondent Nos. 2 and 3 to have the custody and possession of the immovable and moveable properties of the Durgapur Unit of the Corporate Debtor from Respondent No. 1. Respondent No. 1 is directed to immediately hand over the Durgapur Unit of the Corporate Debtor situated at Banskopa, L T More, NH-2, Durgapur, under Gopalpur Gram Panchayat, Police Station-Kanksa, District-Paschim Burdwan, Pin-713212, which is being illegally occupied by Respondent No. 1 including all the moveable lying therein that belong to the Corporate Debtor. If there is any disobedience or reluctance or resistance on the part of Respondent No. 1 in handing over the said premises to the applicant as directed herein, Respondent No. 2 and 3 are directed to provide all types of assistance and protection to the applicant to enable him to enter into and take custody, control and possession of the said unit and discharge his duties as the Liquidator and carry out the orders passed by this Adjudicating Authority. Application disposed off. - I.A. No. (IBC)/302/2022 in C.P. (IB) No. 188/KB/2019 - - - Dated:- 13-6-2022 - Rohit Kapoor, Member (J) And Harish Chander Suri, Member (T) For App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Corporate Debtor for the purpose of carrying out of the valuation of the land and building of the said unit but the said valuers and the applicant were manhandled and intimated by Respondent No. 1 and his 10-12 accomplices. The valuers expressed their concern and dismay over the incident which took place on January 25, 2022 and sent to the applicant two separate emails both dated January, 26, 2022 thereby recording such unfortunate incident of manhandling and threats during the course of inspection and measurement of the land and building of the said unit. The copies of the letters and emails sent by these two valuers are enclosed as Annexure-D. 6. Pursuant to that incident, the applicant visited the Kanska Police Station on January 28, 2022 and met the Inspector Incharge and filed the complaint dated 28, January, 2022 against Respondent No. 1, which was treated as an FIR by said Respondent No. 3. The applicant also submitted a copy of the FIR with the office of Commissioner of Police, Asansol. The Police thereafter, considering the said letter of complaint of the applicant, initiated Police Case No. 31/2022 on January 29, 2022 against Respondent No. 1 under Section 341 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the police did not respond in spite of repeated phone calls. It was informed by the said Mr. Subir Sarkar, police officials that for such eviction of Respondent No. 1 a specific order from Court for granting police help is required and Police can interfere only in case of breach of law and order situation. 11. The applicant pasted a notice for information of the Public at large near the main entrance gate of the said Durgapur Unit that the custody and control of the said Durgapur Unit belongs the applicant. The applicant again visited the Kanksa Police Station on February 18, 2022 and met Mr. Subrata Ghosh, Inspector-in-Charge, Kanksa Police Station and narrated to him all the incidents that happened at the said Durgapur Unit on February 17, 2022 and submitted a hand written letter to Kanksa Police Station. The applicant requested Respondent No. 3 to take all steps to preserve and protect the movable and immovable properties of the Corporate Debtor situated in the said Durgapur Unit. Copy of the said letter annexed as Annexure-G to the application. 12. It is submitted that Respondent No. 1, in addition to his continuous non-cooperation, illegal use and occupation of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates and their misconduct has resulted into loss of valuable time and cost besides causing mental agony and harassment to the applicant. The applicant has sought directions upon the Commissioner of Police, Asansol-Durgapur and the Officer-in-Charge of Kanksa Police Station, Durgapur to provide Police assistance and protection to the applicant to enable him to enter into the Durgapur Unit of the Corporate Debtor situated at Banskopa, L T More, NH-2, Durgapur, under Gopalpur Gram Panchayat, Police Station-Kanksa, District-Paschim Burdwan, Pin-713212 for the purpose of taking custody, control and possession of the said Unit and to discharge his duties as the Liquidator. 16. We have heard Ld. Counsel for the Liquidator. The respondents in this matter are not represented in spite of notice having been served on the respondents. It is very important to notice here that the Liquidator, is an Officer of the Court appointed under the Code for the purpose of performing his statutory duties under section 35 of the Code. The Liquidator has the power to take into custody and control all the assets, property, effects and actionable claims of the Corporate Debtor and have them evaluated, and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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