2021 (11) TMI 907

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....een filed under Rules 11 and 32 of the NCLT Rules, 2016 read with Section 12 of the Contempt of Courts Act 1971 praying for the following reliefs: - i. To take appropriate action against Respondent for failing to adhere to the order of this Tribunal and failing to provide necessary documents as sought in MA/97/KOB/2020 and IA/42/KOB/2020. ii. To provide the following documents to the Applicant: a) Supporting Documents reflecting information pertaining to the applicant for the Financial Year 2010-11, 2011-12, 2012-13, 2013-14, 2015- 16. b) Supporting Documents detailing statutory dues (gratuity, provident fund, and pension) pertaining to the Applicant prior to 2012 and post 2012. c) Ledger/Books o....

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....t on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. 4. It is stated that thereafter the Applicant preferred an application MA/97/KOB/2020 under Section 60(5) of the IBC, 2016 for directions to complete verification of dues to be paid to the Applicants amongst others. The contentions raised in the present application is with reference to the specific interim prayer (c) in MA/97/KOB/2020, in which vide order dated 26.08.2020 the Respondent was directed to serve a copy of the following to the Applicant: a) Pleadings of the 1st Respondent/Corporate Debtor b) Report/Filings collated c) Detailed calculations of Applicants admitted a....

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....the Applicant. Thereafter the Applicant filed IA/42/KOB/2021 and IA/43/KOB/2021 detailing the books of accounts and requested for specific document pertaining to the Applicant as mentioned previously in their application and an email dated 12.11.2020 was sent. Thereafter this Tribunal directed the Respondent to provide all other documents sought for by the Applicant excluding the Minutes of the Meeting of the CoC. 7. However, the Respondent did not provide the requisite documents. It is also stated that the Respondent is duty bound to provide the documents requested by the Applicant within seven days of such request. Section 37(2) of the Act provides that the Creditors may require the Liquidator to provide any financial information relat....