Tribunals and CommissionsDivision Bench(2020) 09 NCLT CK 0589

Abhimanyu Agro Pvt Ltd vs Gajra Bevel Gears Ltd

National Company Law Tribunal · Decided on 10 September 2020

HON’BLE JUDGES
Madan Bhalchandra Gosavi, Member (Judicial) · Virendra Kumar Gupta, Member (Technical)
CASE NUMBER
IA 118 of 2020 TP 179 of 2019 [CP(IB) 532 of 2019] With IA 119 of 2020

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Judgment

18 paragraphs · 264 words

Learned PCS Mr. Rishabh Shah appeared for the RP.

IA 118 of 2020 is filed by RP for direction to Employees Provident Fund Organization to hand over the possession of the premises of the Corporate Debtor. In fact, in our jurisdiction, such prayer cannot be granted. Hence, IA 118 of 2020 stands disposed-Off as not maintainable. Further, liberty is granted to the RP to approach appropriate forum in the interest of stake holders.

IA No.119 of 2020 is filed under Section 19 of IBC, 2016 for direction to the Suspended Management of the Corporate Debtor to hand over the documents as called for as per the list attached with this application failing which RP is at liberty to take action under Section 425 of the Companies Act, 2013, The said list is as under:

1.

Land documents alongwith original deed.

2.

Details of any agreement made with any party for use of land.

3.

Details of Debtors.

4.

Details of Employee alongwith all details.

5.

Details of BIFR case and orders.

6.

Investment details and hand over the demat account details.

7.

Bank statement for last 5 years.

8.

Details of all pending commercial tax cases.

9.

Details of Orders received from PF department.

10.

Details of all assets given as mortgage to any financial institution alongwith charges.

11.

Details of all related parties.

12.

Details of all filing done at BSE / SEBI.

13.

Details of all loans and advances with confirmation and address.

In view of this IA No.119 of 2020 stands disposed-off.

Main matter to appear for further consideration on 05.11.2020.