Tribunals and CommissionsDivision Bench(2019) 07 NCLT CK 0707

K. Muruganandan vs Mr. Medekar Intisar Mohamed (Samaara Leathers Pvt Ltd)

National Company Law Tribunal · Decided on 31 July 2019

HON’BLE JUDGES
Ch. Mohd Sharief Tariq, Member (Judicial) · Anil Kumar B, Member (Technical)
CASE NUMBER
MA/606/2019 in CP/141/IB/2018

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Judgment

5 paragraphs · 229 words

Counsel for the Resolution Professional is present. Counsel for the Respondent is present; filed an affidavit giving the details of the documents, which have already been given and those which have to be provided to the Resolution Professional.

It has been submitted that the record is lying with the Auditor along with the tally back up and the audit is yet to be completed. It is also placed on record by Counsel for the Resolution Professional that 100 days have already been completed relating to the CIR process and till date the necessary documents, including tally back up, is not made available by the Respondent / suspended Director.

In view of it, this Adjudicating Authority will be failing in its duty, if the Auditor is not summoned to obtain the documents, which is in his custody.

Therefore, the Registry is directed to issue a notice to the Auditor viz., Mr. A.K. Rajagopalan & Co. The Counsel for the Respondent is directed to obtain copy of this order and send it to the Auditor for his personal appearance in the matter on next date of hearing.

The Auditor shall bring the Audit report along with all the documents including tally back up for delivering the same to the Resolution Professional on next date of hearing, failing which an appropriate order will be passed. Put up on 19.08.2019 at 10.30 A.M.