TaxTMI 
TaxTMI 
2021 (10) TMI 84
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 3. In compliance of aforementioned direction, the 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d. and M/S Share Samadhan Private Limited for Remittance of Outstanding dues from the Debtors. Attention is drawn 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....patient and Diabetic. 3. That his brother also co-owner of the said premises has to manage all medical treatment of his and their mother's and is still taking care of the same. 4. That as he was 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 Go....
X X X X Extracts X X X X
X X X X Extracts X X X X
....along with their addresses and contact details. A copy of the email dated 16.1.2020 is annexed herewith and marked as Annexure-4. f. List of documents was provided to the applicant through email dated 20.01.2020 enclosing all the details of the Corporate Debtor including the bank 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed details of post office consignments. The respondents enclosed financial statements of March 2019 and of 24.12.2019 of the Corporate Debtor along with the notes of accounting policies. It is marked as Annexure 24. t. Respondents given shareholders and the auditor's report, directors report, the annual returns extracts, the copy of consent of annual general meeting as required by the IRP. u. The respondents have provided all the necessary documents which are enclosed herewith the applications as Annexure 28 to Annexure 32 comprising of the relevant information enquired by the IRP. 7. Heard the Ld. Counsels for both the parties; for RP and for respondents. Sec. 19 (1) of the Code cast a duty upon to the ex-management and other personnel of the CD to furnish information and all assistance to the RP in managing the affairs of the CD. In the absence of cooperation, powers have been conferred on Adjudicating Authority to direct such personnel or other person to comply with the instructions of the resolution professional and to cooperate with him in collection of information and management of the Corporate Debtor. The provisions of Sec. 19 suggests that directio....