Tribunals and CommissionsDivision Bench(2023) 05 NCLT CK 0799

Morari Commercial Pvt. Ltd. vs Unik Bazar Ltd.

National Company Law Tribunal · Decided on 2 May 2023

HON’BLE JUDGES
Ashok Kumar Bhardwaj, Member (J) · L. N. Gupta, Member (T)
RESULT
Allowed
CASE NUMBER
(IB)-460/ND/2021

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Judgment

10 paragraphs · 422 words

IA-2408/2023: The IA has been preferred by the IRP for taking the 1st Status Report on record. For the reasons stated therein, the IA is allowed and the report is kept on record, subject to just all exceptions.

IA-2410/2023, IA-2412/2023: Issue notice. Mr. Mayank Mittal, Ld. Counsel appearing on behalf of the Respondents Nos. 4, 5, and 6 sought an opportunity to file a reply on their behalf. At his request, 2 weeks' time is granted for uploading the same on the DMS. Ld. Counsel appearing for the Applicant undertakes to serve notice upon the Respondent Nos. 1 to 3 through all modes viz. registered post, speed post and E-mail. Affidavit of service be filed within one week. Reply, if any, may be filed by Respondents Nos. 1 to 3 before the next date of hearing.

List on 05.06.2023.

IA-2419/2023: The prayer made in the IA reads thus:

"Allow this application and issue appropriate directions to the respondent for supply of all relevant information to the Applicant for carrying on the Insolvency Resolution Process of the Corporate Debtor."

For the reasons stated therein, the IA is allowed and the Respondents are directed to extend all required cooperation as also to provide the information available with them to RP, as incumbent upon them in terms of provisions of Section 19(1) of IBC, 2016.

IA-1909/2023: Ld. RP is directed to prepare a report regarding the steps taken by him in terms of the order dated 12.04.2023 passed by this Tribunal in IA-1909/2023 and meet the Chairman IBBI immediately along with the report to seek his needful intervention in getting the support of police for protecting the assets of CD. He shall also file an affidavit enclosing therewith the report to be so prepared by him. The needful shall be done within one week.

Issue notice to Police Commissioner, Noida to file report qua the action taken in compliance of the order dated 12.04.2023. The Court Officer is directed to send a copy of this order along with the order dated 12.04.2023 to Police Commissioner, Noida for information and appropriate action. Police Commissioner, Noida shall depute an officer not below the rank of Deputy Commissioner to remain present in person before this Tribunal on the next date of hearing.

The RP shall also remain present in person before this Tribunal on the next date of hearing along with his updated report.

In the meantime, it would be open to all the Respondents to file their reply before the next date of hearing. List on 05.06.2023.