TaxTMI 
TaxTMI 
2019 (11) TMI 1526
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....ounts, Vouchers, financial statements for the year ended March 31, 2017 and March 31, 2018, all the schedules and details pertaining to the year ending 31 March, 2016. Also the audited balance sheet for the year ending 31.03.2017, 31.3.2018 and upto 31 Dec, 2018 and, c. To direct the 2nd and 3rd Respondents to provide Provident Fund returns, proof of employment and challans paid and list of employees and d. And to pass such further or other order as it deems fit in the above circumstances of the case and thus render justice. 2. The basis for the filing of this Application by the Liquidator as stated in the Application is as follows:- The Corporate Insolvency Resolution Process (OR Process) was initiated by this Authority on 15.09.2017 and at the time of admitting the Application, the 1st Respondent viz., Mr. Karthigeyan Srinivasan was appointed as Interim Resolution Professional (IRP) and subsequently he was confirmed as Resolution Professional (RP). However, at the time of Liquidation of the Corporate Debtor, as already stated, the Applicant was appointed as the Liquidator and not the RP. In the circumstance, the records and accounts of the Corporate Debtor....
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....Provident Fund and other documents. Taking into consideration the above facts, it is stated by the Applicant that, in effect, he is unable to perform effectively as Liquidator to the Corporate Debtor, and in the said circumstance, the above directions/reliefs are sought for against the Respondents. 4. The record of the proceedings before this Tribunal discloses that vide Order dated 17.06.2019, taking into consideration the facts and circumstances of the case, this Authority was pleased to suo motu order M/s. Amazon Web Services, being the service provider having the 'cloud storage' maintained on a commercial basis, as a proper and necessary party to the proceedings, under the circumstances stated in the said order. Consequent to the same, upon the issuance of notice, it is seen that the said M/s. Amazon Web Services has also duly participated in the proceedings in relation to the present Application by filing the Counter Affidavit as well as other pleadings. It is also seen that the 1st Respondent, being the erstwhile IRP/RP has also filed the Counter Affidavit dated 08.04.2019. In addition, the 2nd Respondent has also filed an Affidavit dated 09.04.2019 and subsequent ....
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....d storage' which has cumulatively resulted in the lack of details of accounts made available to the Liquidator by the Respondents. It is also pointed out by the 2nd Respondent that whatever co-operation which was required to be extended by him as well as the 3rd Respondent, being the Board of Directors of the Corporate Debtor, whose powers stood suspended due to CIR Process and being the personnel of the Corporate Debtor, has not yielded any tangible result by way of information to be provided to the Liquidator as sought for, and in the circumstances, he cannot be blamed for the same. 7. On the part of the 4th Respondent, the Learned Counsel for the 4th Respondent contends that despite the suspension and erasure of data and information from the 'cloud storage', as per the agreement entered into between the Corporate Debtor and M/s. Amazon Web Services, the backup storage of the data uploaded in the 'cloud storage' was required to be maintained in any case by the Corporate Debtor and if the same had been done by the Corporate Debtor, which was being managed by the Respondent Nos. 2 and 3 prior to the initiation of CIR Process, all the information as sought for....
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....f the said IRP/RP, being the Respondent No.1 herein attached at pages 29 to 34 of the typed set filed by the 2nd Respondent. 10. A perusal of Section 14 of the I&B Code, 2016 in this regard and more particularly Section 14(2) requires the supply of essential goods or services to the Corporate Debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. Even though the expression the 'essential goods or services' has not been defined in the provisions of the I&B Code, 2016, however, Regulation 32 of IBBI (IRP for Corporate Persons) Regulations, 2016 defines the essential goods and services as referred to in Section 14(2) which inter alia it is seen includes, "information technology services". Thus, it is seen that every onus is made upon the IRP/RP to maintain the essential services at the very least of the Corporate Debtor to maintain it as a 'going concern' as required of him under Section 20 of the I&B Code, 2016. 11. On the part of the Respondent No.4, who was impeladed as such under the directions of this Tribunal, it is seen that subsequent to the initiation of the CIR Process and when the CIR Process was pendin....
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....39;Interim Resolution Professional' with that of the Liquidator. The co-operation, which in the present instance sought by the Liquidator (i.e.) the Applicant herein as evident from prayers (b) and (c) extracted in paragraph 1 supra pertains to the production of the records and documents as enunciated therein. Reference to Clause (c) of sub-Section 1 of Section 17 of I&B Code, 2016 discloses that the Officers and Managers of the Corporate Debtor are required to provide access to such documents and records of the Corporate Debtor as may be required by the Interim Resolution Professional in this case, the Liquidator. Since 'documents' and 'Records' have not been defined under the I&B Code, 2016 nor under the Regulations, namely Insolvency and Bankruptcy Board of India (Liquidation Process) Regulation, 2016 even though 'books of the Corporate Debtor' stands defined in Regulation 2(1) (a) of the said Regulations which falls back on the definition as contained in Section 2(13) and Section 2(40) of the Companies Act, 2013, reference to the very same Act, namely Companies Act, 2013 (Act) shows that 'document' has been defined in Section 2(36) under the ....