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Judgment
The matter is taken up through Virtual Hearing (VC). Counsel, Mr. Manoj Mishra appeared for the Applicant. Counsel, Mr. Rahul Sarda appeared for the Liquidator.
IA 631/2020 - This IA is filed by the Applicant seeking directions against the RP to provide Form "C" in respect of sales made ranging from 05.05.20214 to 2012.2016. The Counsel appearing for the Liquidator informed this Bench that these are the pre-CIRP sales. The Corporate Debtor was admitted under CIRP in November 2017. Thereafter Corporate Debtor was put under liquidation. This Bench vide Order dated 30.07.2021 directed the Liquidator to take necessary steps to obtain the certified copies of the records seized by the CBI/EOW.
The Counsel appearing for the Liquidator informed this Bench that he has written three letters dated 29.07.2021, 11.08.2021 and 25.08.2021. Despite of writing these letters neither the CBI nor EOW has given any reply, nor they have handed over any documents as requested by the Liquidator in the above mentioned letters. The Counsel further states that the seizure memo at the time of seizing the records of the Company is not available with the Liquidator. Even the Promoters and Directors are not co-operating and coming forward to provide any kind of assistance to procure these documents.
Keeping in view the above facts and circumstances of the case the Liquidator is unable to provide Form "C". The Applicant in MA-631/2020 is at liberty to approach directly the CBI/EOW Office and procure Form "C". With the above observations MA-631/2020 is Allowed. Hence MA-631/2020 is disposed of.