TMI Blog2022 (11) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... any prosecution. There has to be prima facie satisfaction that papers which have been sought for, are in his control or custody which is not being given by the Corporate Debtor, which may lead to a reference for institution of prosecution. From the facts, which has been brought on record, it is clear that total thirty-seven documents were asked for by the RP, which all were provided except Sr. No. 27. There is also no finding that this document at Sr. No. 27 is in the possession of either of the Appellants. The direction for initiating prosecution was uncalled for - appeal allowed. - Company Appeal (AT) (Insolvency) No. 54 of 2022 Company Appeal (AT) (Insolvency) No. 05 of 2022 - - - Dated:- 17-11-2022 - [Justice Ashok Bhushan] C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent application i.e. IA/1089/2021 stands disposed off. 3. Learned Counsel for the Appellant submits that the Application filed by the RP only being under Section 19(2) and Appellants having been fully cooperating with the RP and documents as asked for by the RP, were all provided except document mentioned at Sr. No. 27, which itself indicates that cooperation was fully made by the Ex-Directors. It is submitted that document at Sr. No. 27 was not possessed by either of the Appellants hence the same could not be produced. 4. Learned Counsel for the Resolution Professional has also fairly submitted that he had filed the Application under Section 19(2) on which Order was passed. In the Reply, which has been filed by the RP in Company A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ody belonging to the corporate debtor and which he is required to deliver; or (d) fails to inform there solution professional the information in his knowledge that a debt has been falsely proved by any person during the corporate insolvency resolution process; or (e) prevents the production of any book or paper affecting or relating to the property or affairs of the corporate debtor; or (f) accounts for any part of the property of the corporate debtor by fictitious losses or expenses, or if he has so attempted at any meeting of the creditors of the corporate debtor within the twelve months immediately preceding the insolvency commencement date, he shall be punishable with imprisonment for a term which shall not be less t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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