2022 (1) TMI 15

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....bmissions, permission is granted. Accordingly, the present application i.e. IA/5253/2020 is dismissed as withdrawn with the liberty to the applicant to file the fresh application under Section 43 & 66 of IBC, in accordance with the provisions of law. IA/4480/2020:- 3. By filing this application applicant has prayed for the following relief- A. To direct the suspended directors and management under Respondent No. 2 & 3 of the Corporate Debtor to handover the complete books of accounts and other financial records and information to Resolution Professional as per the list placed at "Annexure-8". B. To direct the suspended directors and management under Respondent No. 2 & 3 of the Corporate Debtor to handover all the Fix....

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....eeds from the respondents are not under the possession and control of the respondent no. 1, rather it is under possession and control of the respondent no. 2, so under such circumstances the respondent no, 1 is not able for not furnishing any information or handing over any document. The relevant paragraphs 8, 9, 10, 11, 12, 13 of reply filed by the Respondent is reproduced below:- "8. In regard to the alleged non-co-operation elucidated in the Application, it is categorically stated that the Answering Respondent was medically unfit and was in the high risk category for contracting COVID Virus, which severely hampered the ability of the answering respondent to assist the applicant. 9. The alleged non-cooperation of by the ....

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.... 13. In regard to the handover of fixed assets of the corporate debtor to the applicant, the following facts are of relevance, which would show that the applicant is responsible for the loss of all the fixed assets of the corporate debtor: a. It is submitted that the applicant is the only person to blame for the loss of fixed assets and the documents pertaining to the operation of the corporate debtor. b. At this juncture, it may be noted that the answering respondent requested the applicant to pay the rent of the office of the corporate debtor maintained at Nehru Place in order to continue at the premises and keep and maintain the documents and fixed assets of the corporate debtor. c. However, the applicant ref....