Anil Goel vs Vikram Kothari & Ors.

Virendra Kumar Gupta, Member (Technical)

The present Application has been filed by the Applicant/ Liquidator seeking directions to the respondents to provide the Tally Data and other relevant financial information/ records of the Corporate Debtor and handover the possession of the asset of the Corporate Debtor i.e Toyota Innova bearing Registration No.UP-78-CF-0977 to the Liquidator.

It is submitted that in compliance of order dated 18.04.2022 passed by this Tribunal, Mr. Rahul Kothari visited the office of the Liquidator on (20^{\text{th}}) and (21^{\text{st}}) April, 2022 and provided the Tally Data along with all relevant financial records/documents of the corporate debtor from the period 2010 onwards till 20.09.2017 (being the date of initiation of the Corporate Insolvency Resolution Process) to the Liquidator and his team.

It is further submitted that as regard to vehicle i.e. Toyota Innova, the keys of the vehicle has been handed over by Mr. Rahul Kothari to the team of the Liquidator. However, the Liquidator has not been able to take possession or custody of the said vehicle as the same has been attached by Income Tax Authorities since January, 2019.

It is also requested by Ld. Counsel Ms. Archi Agarwal for the Liquidator that specific directions to handover the possession of the said vehicle to the liquidator irrespective of attachment by any authority be given by this Adjudicating Authority.

Further, a request has also been made by the Ld. Counsel Mr. Rahul Agarwal, on behalf of Respondent no.4/ Ms. Archana Kothari that respondent no.4 is not a necessary party and her name may be deleted from the array of the parties. Ld. Counsel appearing for the Liquidator has no objection and no grievance against respondent no.4.

Considering the facts and circumstances of the case and submissions made on behalf of the Liquidator, we hereby direct the respondent no.1 to 3 to hand over the possession of the said vehicle bearing Registration No.UP-78-CF-0977 to the Liquidator irrespective of the attachment of the said vehicle by Income Tax Department. Further, the name of respondent no.4 is ordered to be deleted from the array of the parties.

Accordingly, the present CA No.229 of 2018 stands disposed off in terms indicated above.

The present Application has been filed by the Liquidator praying that the directions may be given to DGP, Uttar Pradesh and SHO, Kohna Police Station, Vishanpuri, Kanpur, Uttar Pradesh, to provide assistance to the Liquidator in taking the possession of the asset of the corporate debtor i.e. Toyota Innova bearing Registration No.UP-78-CF-0977.

Since in view of the order passed in CA No.229/2018, the CA No.228/2018 has become infructuous and disposed off accordingly.

Both CA No.228 of 2018 and CA No.229 of 2018 stands disposed off accordingly.

Certified copy of the order may be issued to all the concerned parties, if applied for, upon compliance with all requisite formalities.