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TMI Blog2019 (3) TMI 2031X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered office. The Ex-Director Mr Gaurav Dave was present. He informed the RP that the access to shop No.3 (registered office) and shop No.4,5 and 6 is through shop No.7. It was further informed by the Ex-Director that the registered office does not have a separate access door. The shop No.7 was locked and was covered with a huge iron gate which was locked. Mr, Dave informed the RP that shop No.7 is the office of "The Water Treaters", a proprietorship concern of Gaurav Dave-HUF of which he is the Karta. The RP requested him to identify the shop No.3 and handover the possession and control of the books, software, hardware, etc belonging to the corporate debtor, maintained at the said office. The ex-director Mr Dave took the RP to the back end of the premises and showed her a wall which he said was the wall of shop No.3 and suggested that the RP can break the wall and get a door installed, after taking appropriate permission from the society. Then Mr Dave got a bunch of keys and tried to hand over the keys to the RP and asked her to open Shop No.7 at her own risk. The RP refused to take the keys and requested Ex-Director Mr Dave to identify the shop No.3 and hand over the possessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s there during her visit in November and December. The office was in a rundown state and had no electricity connection.The RP also observed that none of the other cabins had any number or name displayed on them." It is further stated in the status report that: "the RP then requested Mr Dave to open the cabin which he identified as shop no. 3. After entering the said cabin, it was observed that there was dismantled PC, CPU and furniture and fixtures. There were few overhead cupboards, in which few files seen. The RP took the inventory of the files lying there, and the RP observed that the papers found in those files were not the papers the RP had asked for since the last 5 months to the ex-directors. However, the RP made a list of the said files." It is further reported by the RP that: "It was enquired with the ex-director Mr Gaurav Dave about the statutory records to be maintained by the company at the registered office. Mr Gaurav Dave replied that all the records are produced before the appellate authorities. On further enquiry about the details of the appeal, Mr Dave refused to reply. The RP once again requested Mr Dave to provide her all the records of SWTPL which she is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... member. The IT expert informed the RP that there were only networking switches and routers and there was a server rack but there was no hard disk found inside it. The office was fully empty with few furniture and fixtures installed. It was also observed that there were few old PC's and printers lying around and the same were in a dismantled state. The ex-director also informed that shop no. 201, 202 & 203 does not have any electricity connection and was never the corporate office after 5/11/2018. The RP further enquired with the ex-director that the Corporate Office was fully functional during her visits in the months of Oct and Nov 2018 and also had an electricity connection and that the entry to SWTPL was through shop no. 204. Moreover, the Board of SWTPL was put at the entrance of the Iron Gate which was removed, and the Board of Enviro Cleanse Solutions LLP was installed on top of shop no. 204. To which the ex-director replied that the Corporate Office was temporarily shifted to this premises for a few months. On the RP enquiring with the ex-director about the new address of Corporate Office of SWTPL, he informed that corporate office of SWTPL operates from the Regd. Office. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compensation received by the company for the acquisition of the factory land, to which the ex-director replied that he had not lodged a claim for compensation with the corporation authorities. He also said that he has not communicated with any Authorities regarding taking over of the SWTPL plot. In the circumstances stated above, the RP could not take possession/control of the factory of SWTPL. The entire visit was videographed/ photographed, and a Panchanama was also drawn, recording the events that took place at the site which is annexed with the status report as Annexure - 7." The Resolution Professional has specifically stated that till date, the details of information about assets, finances and operations are withheld by the Ex-management. Mr Gaurav Dave and Mrs Ami Dave, ex-directors and the statutory auditor have deliberately not extended their co-operation to the RP in taking control and custody of the Corporate Debtor to date for which the RP also moved an Application under Section 19 of the IBC before this Bench, and a series of orders were also passed. RP has annexed all the documents and other related documents with the status report. The Resolution Professional is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we provided two days to the Ex-Directors Mr Gaurav Dave and Mrs Ami Dave to handover the entire possession of the property relating to the Corporate Debtor company to the RP and the status report was summoned from the RP by dated 25.2.2019. The direction was further issued to Mr Gaurav Dave and Mr Vishal Dave to remain present in person in the court on 25.2.2019. After that the matter was taken up on 25.2.2019,and it has been informed that Mr Gaurav Dave has filed an appeal before the Hon'ble NCLAT and he is awaiting the order from the Appellate Authority. On 25.2.2019, despite our directions, Mr Gaurav Dave and Mr Vishal Dave were not present in the Court. On 25.2.2019 it was ordered that let show cause notices were issued under Contempt of Court Act against Mr Vishal Dave and Mr Gaurav Dave. They were directed to remain present in person in the court on 5.3.2019 and explain as to why action should not be taken against them under Contempt of Court Act. On 5.3.2019 the matter was sub-judice before Hon'ble NCLAT, therefore we adjourned the matter for 28.3.2019 but regarding the contempt notice, we issued direction to Mr Gaurav Dave and Mr Vishal Dave to remain present in person in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complete violations of the provision of Sec 70 of the I&B Code 2016. Sec 70 I&B Code 2016 is given as under: 70. Punishment for misconduct in course of corporate insolvency resolution process.- (1) On or after the insolvency commencement date, where an officer of the corporate debtor- (a) does not disclose to the resolution professional all the details of property of the corporate debtor, and details of transactions thereof, or any such other information as the resolution professional may require; or (b) does not deliver to the resolution professional all or part of the property of the corporate debtor in his control or custody and which he is required to deliver; or (c) does not deliver to the resolution professional all books and papers in his control or custody 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Doctor is mentioned as Dr Ketan Bhatt, whereas the prescription was issued by Dr Ritesh Soni. This itself creates doubt about the genuineness of the alleged medical certificate. Since Mr Gaurav Dave and Vishal Dave, have intentionally avoided appearing in the court and his action is in complete disregard of the Court order. The notices under Contempt of Court Act have already been issued against them. However, despite that, they are avoiding to attend the court. Since contempt notices have been issued against Mr Garav Dave and Vishal, but they in violation of the Court order failed to appear in the court, therefore in ensuring their presence we are compelled to pass following order so that action may be taken against them under the Contempt of Court Act. We at this moment direct Mr Sandeep Shah, Statutory Auditor of the company to remain present in person in the Court on 15.4.2019. Advocate appearing on behalf of Mr Gaurav Dave is being directed to inform the statutory Auditor of the company for his presence on 15.4.2019. Mr Gaurav Dave and Mr, Vishal Dave are again summoned to submit their explanation, against the notice, which has been issued under the Contempt of Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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