TaxTMI 
TaxTMI 
2022 (11) TMI 601
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....ereinafter referred as 'CIRP') proceedings were initiated against M/s. B R Knitwears Pvt. Ltd., the corporate debtor, when CP (IB) No. 300/Chd/Hry/2019 was admitted by this Adjudicating Authority vide order dated 21.11.2019. The instant IA has been filed by the Interim Resolution Professional (hereinafter referred as 'IRP') of M/s. B R Knitwears Pvt. Ltd., under Section 19(2) of the Insolvency and Bankruptcy Code, 2016 seeking directions to all Directors as per signatory details available on the website of Ministry of Corporate Affairs (hereinafter referred as 'MCA') and Statutory Auditor of the corporate debtor to appear personally to provide requisite information, assistance and cooperation to IRP/RP. 2. The bri....
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..... Urmil Arora sent letter dated 10.01.2020 which was received on 18.01.2020 by IRP/RP stating that she agreed to become the Director of Corporate Debtor only to provide humanly support to Kajaria family who were known to her for last 15 years and she do not have any kind of financial or other interest in corporate debtor. Further, it was stated that she has neither attended any board meeting nor in possession of documents relating to affairs of corporate debtor (Annexure 8). On 27.11.2019, the IRP/RP visited the registered office of the corporate debtor. 3. Notice of this petition was issued to respondents vide order dated 03.02.2020, 05.01.2022. None appeared on behalf of respondents nor any reply was filed. Affidavit of service vide Di....
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.... debtor, when CP (IB) No. 300/Chd/Hry/2019 was admitted by this Adjudicating Authority vide order dated 21.11.2019. The instant IA has been filed by the Liquidator of M/s. B R Knitwears Pvt. Ltd., under Section 19(2) of the Insolvency and Bankruptcy Code, 2016 seeking directions against directors of suspended board of corporate debtor for providing requisite information, assistance and cooperation to Liquidator. 8. The brief facts of the case are as follows:- 2.1 The COC in the 2nd Meeting held on 22.12.2019 resolved to file an application for liquidation of the corporate debtor. The order was passed on 13.03.2020 by this Bench for initiation of liquidation and applicant/Resolution Professional was appointed as Liquidator (Annex....
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....mation letter was delivered on 20.03.2020 to respondent No. 3 for providing information and reply dated 03.06.2020 was received wherein she denied that she has never received any remuneration or fee against any involvement in the business or management of the company (Annexure A-9). 2.4 The following information is pending from the respondent:- i. List of Directors as on the CIRP commencement date i.e. 21.11.2019. ii. Details of business operations for the previous two years. iii. Financial and Operational transaction for the previous two years. iv. List of Assets and Liabilities as on the CIRP date i.e. 21.11.2019. v. Details of inventories and list of sundry debtors as on the CIRP date....
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.... 20.04.2022. Affidavit of service vide Diary No. 02152/1 dated 24.03.2022 was filed. None appeared on behalf of respondents nor any reply was filed. Keeping in view the facts and circumstances, it seems that respondents are not interested in defending the present matter. Hence, respondents proceeded against ex parte on 20.04.2022. Thereafter, respondent No. 3 was directed to file reply. Records indicate that no reply had been filed by the respondents despite direction by this Bench. 10. We have heard the learned counsel for the applicant and perused the material available on record. No reply was filed by the respondents. As per Section 19(1) of the Code, the suspended management is under obligation to extend all assistance and cooperatio....