TMI BlogDuty to extend cooperation to interim resolution professional [ Section 19 ]X X X X Extracts X X X X X X X X Extracts X X X X ..... d his/ her team. Where the former management is influential, such reluctance can filter down to employee and worker groups. On some occasions, IRPs/RPs have not been granted access to the premises of the Corporate debtor and information has been kept from them. This can create a hostile environment for the Interim Resolution Professional (IRP)/Resolution professional (RP) to work in. Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or shall extend all assistance and cooperation to the interim resolution professional as may be required by him in managing the affairs of the corporate debtor. IRP to seek directions to AA if officials of Corporate Debtor do not cooperate [ Section 19(2) ] Where any personnel of the corporate debtor, its promoter or any other person required to assist or cooperate with the interi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lations, the IRP or RP can make an application to the Adjudicating Authority for an order seeking the assistance of the local district administration in discharging their duties under the IBC or CIRP Regulations. In addition, section 429 of the Companies Act, 2013, provides that the NCLT can, in any proceedings under the IBC, in order to take into custody or under its control all property, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments of the Corporate Debtor. Relevant Case Laws In Syndicate Bank Vs. Him Steel Private Limited [Company Petition (IB) 494 (PB)/2019] The RP filed an application under section 19(2) of the IBC as the promoters and directors of the Corporate debtor were not inclined to provide the records of the Corporate Debtor. The Adjudicating authority, exercising its jurisdicti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... continued to not cooperate with the RP in handing over the necessary documents and information, the AA would obtain the assistance of the Superintendent of Police of the concerned area to ensure that the possession of the Corporate Debtor and all necessary records are handed over to the RP. - Manuals - Ready reckoner - Law and practice - Reference Guide - Quick Commentary Tax Managem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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