2022 (6) TMI 1187

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..... ) of the Insolvency and Bankruptcy Code, 2016 ('the Code') by Suman Kumar Agarwal, Liquidator of Kolkata Conductor & Cable Private Limited ('Applicant') against Kolkata Conductor & Cable Private Limited ('Corporate Debtor' or 'Respondent No. 1'), Manoj Kumar Singh, Director of Kolkata Conductor & Cable 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 for .....

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..... ement in terms of Section 33(1)(b)(ii) of the Code, inter alia, inviting claims from the stakeholders. Intimations were also sent to Insolvency and bankruptcy Board of India and the Corporate Debtor at its registered office. 3.2 Thereafter, the Applicant visited the registered office of the Corporate Debtor, 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 newsp .....

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..... position to discharge his duties, responsibilities, and obligations in terms of the provisions under the Code. The Applicant is also unable to form the Liquidation Estate of the Corporate Debtor for the benefit of the stakeholders. 3.6 The Applicant is in absolute dark with respect to the grounds 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, w .....

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