2024 (10) TMI 1409

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....e applicant/appellant who has filed the civil appeal before the Supreme Court bearing CA APPL. No. 6792/2023 challenging the order dated 28.08.2023 passed by the NCLAT [National Company Law Appellate Tribunal], and consequently, a direction has been passed by the Supreme Court vide order dated 13.10.2023 directing that 'status quo to be maintained by the parties including the assets'. 5. Accordingly, the present applicant be impleaded as the respondent no. 4. Let an amended memo of parties be filed within four weeks. 6. The application is disposed of. The registry shall not list this application in future. CM APPL. 1381/2024 7. This application has been moved on behalf of the applicant/Mr. Pradeep Kumar Kaushik, Interim Resolution Professional (IRP) of M/s Three C Shelters Pvt. Ltd. which is undergoing CIRP proceedings. 8. This application already stands disposed of vide order dated 23.07.2024. The registry shall not list this application in future. CM APPL. 826/2024: MODIFICATION/CORRECTIONS ON THE WEB SITE 9. Mr. Tanmaya Mehta, learned counsel for the petitioner has alluded to the order dated 28.02.2024 and 22.04.2024 and it is vehemently urged that the status of M/s Thre....

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....erests of the stakeholders including the creditors. 15. Incidentally, it may also be noted that even the learned counsel for the IBBI, which party stands impleaded in the present proceedings as the respondent no.3 in terms of the order dated 23.07.2024, also raises objection to any direction that may be passed to amend or modify the information/status on the MCA website on the premise that the Supreme Court has passed an order dated 13.10.2023 directing that 'status quo to be maintained by the parties including the assets. Evidently, the IBBI is not the appellate authority to entertain any claims from the homebuyers and it is a matter of record that no appeal has been filed against the rejections of the claims by anyone including GWA. Incidentally, it is also borne out from the record that earlier IBBI had emailed a request to the IRP for a change of status of the company on 16.10.2023. 16. On the other hand, Mr. Nalin Kohli, learned senior counsel for the IRP/Mr. Pradeep Kumar Kaushik as well as Mr. Rahul Mehra learned senior counsel and Mr. J Sai Deepak, learned senior counsel appearing for the impleaded party viz. 'GWC' have strenuously urged that the necessary directions shou....

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....cted that the same be kept in a sealed cover till further order. 24. Mr Kohli has placed a hard copy of a proposal on the record, thereby suggesting that the IRP may be allowed to act on certain aspects of the matters so as to take control of the assets of corporate debtors and thereby ensure that no assets of the company are wasted, disposed of to the detriment of the stakeholders. 25. It is urged by Mr. Kohli, learned senior counsel for the IRP that he has come to know of instances where the properties belonging to the corporate debtor are being sold or pilfered away which is detailed in the updated status report placed in a sealed envelope on the record. It is urged that the IRP is not doing anything inconsistent with the directions of the Supreme Court. 26. He has suggested that the IRP may be allowed to take the following steps:- "1. Increasing the security guards at the identified assets, and dispossessing the trespassers who have entered possession after the IRP had taken possession of assets which have been identified by the IRP in Status Report-2. The details of such assets are once again reproduced as under: i. Hotel Plot No. A-3a, Nehru Place, New Delhi admeasurin....

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....verification of all claims and to prepare Status Reports]. 7. Taking over the books of accounts of Three C Shelters Pvt. Ltd which have been withheld from the IRP by the erstwhile management and the erstwhile suspended RP as also stated in the Status Report-2. 8. Getting a forensic audit by an independent private agency for each entity within the Three C group. Only through a thorough and impartial audit can the full scope of the fraudulent activities be exposed, ensuring accountability and revealing the true extent of the misappropriated monies hidden within the group's operations. 9. Filing a claim in the CIRP of Three C Universal Developers Pvt Ltd. as hundreds of crores has been siphoned off from Three C Shelters Pvt Ltd to Three C Universal Developers Pvt Ltd. 10. Identifying all the debit transactions that have been done from the bank accounts of Three C Shelters Pvt Ltd in order to trace the siphoning of funds. Further tracing the concealed bank accounts which were operated in order to siphon off monies from Three C Shelters Pvt Ltd. 11. Filing of an intervention application before the Hon'ble Supreme Court in C.A. No. 7762 of 2023, titled as "Gyan Chand Mi....