TMI Blog2022 (6) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... es granted to the Corporate Debtor - HELD THAT:- Since there has been no co-operation from the directors in spite of various orders dated 04 March, 2020, 18 November, 2021, 17 December, 2021 and 09 February, 2022 and bailable warrant dated 11 March, 2022 and 28 March, 2022 passed by this Adjudicating Authority, which were to be recalled by executing a personal bond of Rs. 1,00,000/- each upon production. This Adjudicating Authority had time and again directed the police authorities to cause production of two directors Mr. Pankaj Kumar Singh and Mr. Manoj Kumar Singh in the court but the same was not fruitful, in so far Mr. Manoj Kumar Singh is concerned - It is noticed from the report of the police authorities that Mr. Manoj Kumar Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Private Limited ('Respondent No. 2'), Pankaj Kumar Singh, Director of Kolkata Conductor Cable Private Limited ('Respondent No. 3'), Registrar of Companies, West Bengal, Ministry of Corporate Affairs ('Respondent No. 4') and Assistant General manager, the Oriental Bank of Commerce ('Respondent No. 5'), inter alia, seeking the following reliefs:- a. A direction to conduct a forensic legal audit by a professionally qualified expert and appointment of the same; b. A direction on the Respondent No. 1 Respondent No. 2 to cooperate with the Applicant and to hand over him all the books of accounts, documents, legal papers concerning the past and present affairs of the Corporate Debtor. c. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor, where he was denied to enter into the premises. The Applicant then pasted a notice on the door of the registered office of the Corporate Debtor. On receiving no response from Directors, the liquidator again sent an intimation letter to all the Directors on 30 April, 2019. The letter sent to Respondent No. 2 was delivered but the letter sent to Respondent No. 3 was returned as undelivered. 3.3 Pursuant to the publication in the newspaper, the Applicant received only one claim from the Oriental Bank of Commerce for a sum of Rs. 24,57,73,317.32 (Rupees twenty-four crore fifty-seven lakh seventy-three thousand three hundred seventeen and paise thirty-two only. The Applicant scrutinised and verified the claim based on the documents sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds of breach by the Corporate Debtor of the terms and conditions of the loan sanctioned by the Bank because the Bank has failed to bring on record any documents. Analysis Findings 4. Since there has been no co-operation from the directors in spite of various orders dated 04 March, 2020, 18 November, 2021, 17 December, 2021 and 09 February, 2022 and bailable warrant dated 11 March, 2022 and 28 March, 2022 passed by this Adjudicating Authority, which were to be recalled by executing a personal bond of Rs. 1,00,000/- each upon production. 5. This Adjudicating Authority had time and again directed the police authorities to cause production of two directors Mr. Pankaj Kumar Singh and Mr. Manoj Kumar Singh in the court but the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
