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TaxTMI 
TaxTMI 
TaxTMI 
2021 (10) TMI 84
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....e RP has filed a supplementary affidavit dated 23.02.2021 and submitted that RP has sent various emails to the respondents. It is submitted that the forensic auditors have sought some clarifications about written off assets of the company, regarding loans from NBFCs details of sundry debtors etc. which the respondents have failed to provide yet. The RP/applicant has attached list of documents provided by the respondent at page 10 of the affidavit. It is stated that still various information as detailed in affidavit is yet to be provided by respondents. 4. Thereafter, the respondents were directed vide order dated 19.03.2021 to provide details of the cases pending before the High Court and documents related to those cases and file affidavit of compliance in respect of affidavit filed by the applicant/RP after taking steps on best efforts. 5. In compliance of above, the respondents have filed affidavit dated 23.03.2021 submitted as follows: "That with respect to the point 1(A) it is submitted that as per the knowledge of the deponents there are no pending cases before the High court. However, the deponents have already instructed their legal team to trace out the cases, if any be....
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....awn to item no. 3 of the minutes, which also records that list of debtors is annexed along with the minutes. 8. That with resects to item no. 4 of the Annexure-2 i.e. "Godown/Shops" it is submitted that the deponents have, already provided a detailed excel sheet enlisting that exact address and status of the godowns and shops vide email dated 18.02.2020. A Copy of the said email along with the excel sheet is enclosed as Annexure-3. 9. That with respect to item no. 5 of the Annexure-2 i.e. " Cheque Books " it is submitted that the Deponents addressed an email dated 12.03.2020 to the Resolution Professional the operative part of which is reproduced as under: Dear Sir, With regard to cheque books we have already written to your goodself via e-mail dated 25.01.2020 and 29.01.2020 that we the suspended directors do not possess any cheque neither have we signed any cheque post insolvency commencement date and furthermore, we have requested your good self to ash all the bankers to stop payment of all cheques received by the bank for realization post closure of all the business operations. Kind Regards, Sandeep For & on behalf of GTPL The Deponents have time and again infor....
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....s bed ridden and was undergoing treatment for his severe health condition at the relevant time, he is not aware about the contents of Corporate Debtor kept at said premise and accordingly cannot prepare any inventory list as per the order dated 05.01.2021 of the Ld. Adjudicating Authority. 5. That the Corporate Debtor vanished from the site leaving behind some documents, materials etc which were thrown in garbage by the Landlord. 13. The Landlord categorically admits that he has thrown away documents in garbage. Thus, the said act is beyond the control of the Deponents and they are trying their best to provide a digital copy of all the records available with them. The Deponents are unable to provide physical copies owning to illegal destruction done by the landlord. It is pertinent to mention a civil suit bearing no. CS No. 758/2020 has already been filed against the landlord by Mr. Sandeep Mehta, Deponent herein. 14. That, as far as Sale of Goods at lower price i.e., item No. 11 of Annexure-2 is concerned- The Corporate Debtor was engaged in fashion goods which were seasonal and the left- over stock of the previous season lost its value and the Corporate Debtor had to someti....
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....nk balance and the copy of form of memorandum of appeal. A copy of the same email dated 20.01.2020 annexed as Annexure-5. g. Copy of financial statements asked from the respondent but he could not arrange it because they are barred from any transaction with the bank. Further they were asked for cheque books to handover to the applicant. Copy of the same is annexed as annexure-6. h. Respondent told them about where all the books of accounts and supporting documents of the Corporate Debtor were kept. They informed the applicant that due to the dispute in payment of lease rent, the owner of the said property took over the possession of the office and hence the documents can be sought from the owner of the concerned property. i. Applicant was informed that with the respect to the inventory, the Corporate Debtor leased a warehouse at Faridabad from the Financial Creditor and the same was given under agreement dated 01.04.2017 to Banyan Warehousing and Logistics LLP for a period of 6 years. The respondents further provided the lease agreement and the management agreement executed by the Corporate Debtor. j. The respondents through email dated 12.02.2020 replied to the queries of ....