2021 (9) TMI 682

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....2016 praying for issuance of necessary directions to the Suspended Directors and Statutory Auditors of the Corporate Debtor to provide assistance, co-operation and information required by the Resolution Professional in discharging his statutory duties and in managing the affairs of the Corporate Debtor and further for issuance of necessary directions to respondents for submission of information in pursuance to the claim submitted by Financial Creditor-Respondent No. 1. 2. In the present matter, this Tribunal vide order dated 24.12.2019 has intimated CIRP against the corporate Debtor i.e. Trimurti Concast Private Limited and appointed Mr. Sanjay Kumar Dewani as Interim Resolution Professional and later Mr. Sumit Shukla was confirmed as RP....

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.... by the respondents, the CIR Process is getting affected and the applicant is not able to perform his duties and further is not able to ascertain the complete status of the Corporate Debtor which will ultimately delay and defeat the time frame of the duties, responsibilities of the Applicant as mandated in the Insolvency and Bankruptcy Code, 2016. 7. It is further stated that during a meeting with the ex-management on 15/07/2020 the RP was provided with the bank statement and further the list of assets has also been provided to the RP but the following documents does not meets the requirements of the RP/valuers/Accountants/Auditors/other stakeholders for the effective CIR Process. 8. In I.A. No. 228/2020, it is stated that the Resolut....

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.... shall by an order, direct such personnel or other person to comply with the instructions of the resolution professional and cooperate with him in collection of information and management of the Corporate Debtor." 11. In view of the facts of the case on hand and after considering the provisions contained thereof, this adjudicating Authority is of the view that the ex-management are collectively as well as independently, must furnish information and assist the RP in managing the affairs of the Corporate Debtor in order to enable the RP to complete the CIRP expeditiously and therefore, the persons who can cooperate with the RP and persuade the other managerial personnel to supply the documents, cannot escape their obligation. 12. Accord....