TaxTMI 
TaxTMI 
2022 (6) TMI 869
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....ivate, the Financial Creditor, which was admitted by this Adjudicating Authority on 12th March, 2020, since there was no resolution plan received in this matter, the applicant was appointed as the Liquidator in the matter vide order dated 6th January, 2022. 3. Thereafter, the applicant made a public announcement on January, 11, 2022 thereby stipulating 5th February, 2022 as the last date of submission of claims. On 27th February, 2022, the applicant submitted the list of stakeholders to this Adjudicating Authority and the Stakeholders Consultation Committee was constituted on 1st March, 2022. 4. It is submitted that in the meanwhile, on or about January 12, 2022, the applicant appointed Mr. Sandip Bhattacharyya and Mr. Pritam Kumar Nag fo....
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....o. 1 and his 10-12 accomplices. The valuers expressed their concern and dismay over the incident which took place on January 25, 2022 and sent to the applicant two separate emails both dated January, 26, 2022 thereby recording such unfortunate incident of manhandling and threats during the course of inspection and measurement of the land and building of the said unit. The copies of the letters and emails sent by these two valuers are enclosed as Annexure-D. 6. Pursuant to that incident, the applicant visited the Kanska Police Station on January 28, 2022 and met the Inspector Incharge and filed the complaint dated 28, January, 2022 against Respondent No. 1, which was treated as an FIR by said Respondent No. 3. The applicant also submitted a....
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....t of the Corporate Debtor for completion of liquidation proceedings. When he was asked to come in the evening after working hours of the Durgapur Unit. On reaching the Police Station in the evening, the applicant was asked to visit the Durgapur Unit with the assurance that appropriate police protection would be provided to the applicant. The applicant was given the contact number of one Mr. Subir Sarkar, an officials of the police station to be contacted in case there is any exigency. Accordingly, the applicant visited the Durgapur Unit with a Private Security Agency named Vigilance Security as recommended by the State Bank of India, being a member of the Stakeholders Consultation Committee of the Corporate Debtor with 97% Stake therein. 1....
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....1, in addition to his continuous non-cooperation, illegal use and occupation of the said Durgapur Unit of the Corporate Debtor, has filed a suit being Title Suit No. 373 of 2022 (Mr. Animesh Mozumdar Vs. B.D. Motors Limited & Ors.) before the City Civil Court, Calcutta, seeking declaration that Respondent No. 1 is a tenant under the Corporate Debtor at a monthly rental of Rs. 1,00,000/- In the said suit, Respondent No. 1 is claiming himself to be a tenant under the Corporate Debtor and one of its Ex. Directors, Mr. Narendra Kumar Agarwal, and Respondent No. 1 has stated that a sum of Rs. 8,42,000/- has been paid by him in cash to the Corporate Debtor for purchasing machinery. Respondent No. 1 has obtained an order dated 18th February, 2022.....
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....rehends that Respondent No. 1 is in the process of removing or disposing of the plant and machinery of the Corporate Debtor and as such the applicant has on a number of occasions been manhandled by Respondent No. 1 and his associates and their misconduct has resulted into loss of valuable time and cost besides causing mental agony and harassment to the applicant. The applicant has sought directions upon the Commissioner of Police, Asansol-Durgapur and the Officer-in-Charge of Kanksa Police Station, Durgapur to provide Police assistance and protection to the applicant to enable him to enter into the Durgapur Unit of the Corporate Debtor situated at Banskopa, L&T More, NH-2, Durgapur, under Gopalpur Gram Panchayat, Police Station-Kanksa, Dist....
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....orate Debtor and the liquidation process would have been completed by now. 17. We, therefore, direct Respondent No. 1 to immediately hand over the Durgapur Unit of the Corporate Debtor situated at Banskopa, L&T More, NH-2, Durgapur, under Gopalpur Gram Panchayat, Police Station-Kanksa, District-Paschim Burdwan, Pin-713212, which is being illegally occupied by Respondent No. 1 including all the moveable lying therein that belong to the Corporate Debtor. If there is any disobedience or reluctance or resistance on the part of Respondent No. 1 in handing over the said premises to the applicant as directed herein, Respondent No. 2 and 3 are directed to provide all types of assistance and protection to the applicant to enable him to enter into a....