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Judgment
Per: Rajeswara Rao Vittanala, Member (J)
I.A. No. 127 of 2020 in C.P. (IB) No.216/BB/2018 is filed by Mr. Ghanshyam Das Mundra, Resolution Professional of M/s. Karuturi Global Limited (hereinafter referred to as ‘Applicant/Resolution Professional’) under Section 14 & 60 (5) of IBC r/w Rule 11 NCLT, Rules 2016 by inter alia seeking the following reliefs:
a. Pass necessary orders prohibiting the Respondent herein from proceeding to prosecute O.S 95/2020 instituted before the Hon'ble Senior Civil Judge, Doddaballapur;
b. Permit the Applicant herein to take possession of the schedule property in furtherance of the speaking order dated (17^{\text{th}}) February 2020
c. Direct the local police at Doddaballapur to provide all necessary assistance to the Applicant in performing his statutory duties
d. Pass any such other order as it may deemed fit in the interest of justice and equity.
Heard, Mr. AakashSherwal, Learned Counsel for the Resolution Professional and Ms. Pooja Kini Learned Counsel for the Financial Creditor. We have carefully perused the pleadings of the Parties, and the extant provisions of Companies Act, 2013, the Rules thereunder, and the Law on the issue.
Though the Learned Counsel prayed above three prayers, he has restricted the relief No. 'C', and thus urged this Adjudicating Authority to pass necessary orders by directing the local Police to provide necessary assistance to the Applicant/RP in performing his statutory duties.
It goes without saying it is the responsibility of the local Police to extend necessary assistance to RP in discharging his duties as RP, as per law. Therefore, it would be appropriate for the Applicant/RP to make a representation to the local Police to seek necessary assistance in discharging his statutory Authorities.
In the result, I.A No. 127 of 2020 in CP (IB) No. 216/BB/2018 is disposed of, by granting liberty to the Applicant/RP to approach the concerned Local Police seeking assistance in discharging his statutoryduties, and on receipt of representation from RP, the concerned Police Authorities, may consider the same, and extend the necessary protection in accordance with law.