Tribunals and CommissionsDivision Bench(2022) 05 NCLT CK 0474

Bitumen Corporation [India] Private Limited vs Jangipur Bitumen Private Limited

National Company Law Tribunal, Kolkata Bench · Decided on 18 May 2022

HON’BLE JUDGES
Rohit Kapoor, Member (Judicial) · Harish Chander Suri, Member (Technical)
CASE NUMBER
C.P. (IB)/910(KB)2018; IA(I.B.C)/394(KB)2021

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Judgment

4 paragraphs · 212 words

O R D E R

1.

IRP is present in person. Ld. Counsel for the suspended members of the Board of Directors of the Corporate Debtor present.

2.

Vide order dated 08/04/2022, two suspended members of the Board of Directors of the Corporate Debtor were directed to be present physically in Court. Ld. Counsel appearing for the suspended members of the Board of Directors of the Corporate Debtor submits that both the directors are present. She, however, submits that one of the suspended members of the Board of Directors of the Corporate Debtor is in complete bed ridden state and his wife is a ‘pardansin’ lady. We find both of them present today. They submit that “whatever information they have possessed, have been given to the RP and nothing is available with them, which can be shared with the RP”. It is submitted by the IRP, Ms. Savita Agarwal, that she is going to file an application for early dissolution of the company because no assets or bank balance is available with the Company to pay any creditors.

3.

In these circumstances we direct this matter to be listed for hearing on 27/06/2022. Thus, two ex-directors of the Corporate Debtor are not required to be present on the next date in Court.