Nand kishore Vishnupant vs Trikesh Tradelink Private Limited And Ors.

Particulars,Amount in Rs.

Trikesh Tradelink private limited Jewellery

Account (Receivable Balance)","35,55,12,044/-

Trikesh Tradelink Private Limited Purchase

Account (Payable Balance)","(19,91,77,967/-)

Total (Net Receivable),"15,63,34,077/-

The Respondent No.4 filed its reply and submits that R4 appointed as the statutory auditor of the Corporate Debtor for the period from 7.12.2019,

to 13.02. 2020. He did not audit any financials as R4 do not have access of any books of accounts of the Corporate Debtor, R4 submits that arrest of",

the directors of the Corporate Debtor and Lethargic attitude of the Corporate Debtor restrained the R4 to conduct the audit. The R4 further submits,

that he is the outsource person he has the limited scope and he has nothing to do with the operations of the business. The statutory auditor resigned,

from the position on 18.12. 2019.Infact the corporate debtor had engaged Manish Panwar & Co./respondent no.4 on 30.09.2018 vide appointment,

letter dated 01.10.2018.,

The Respondent No. 5 also filed its reply and at the outset stated at para 1(C) that he was not appointed as auditor for the year 2018- 19 and has,

not audited the accounts for that year and years after that. At para 2 (D) he mentions that he was the Statutory auditor of the corporate Debtor for,

the financial years 2017-18 and earlier years and is ready to cooperate with the Applicant. But in fact, has not been asked any questions related to the",

transactions related to year 2017-18 and earlier years, by the Applicant.",

Findings:,

The CIRP commenced on 13.11.2019, the RP found several transactions of high value which had taken place on the ordinary course of business",

of the Corporate Debtor and appears to have been given fraudulent preference in a manner to benefit the promoters/directors of the Corporate,

Debtor. The books of accounts of Corporate Debtor thus evidences the fact that an amount of Rs 15.63 crores is receivable from Respondent No.1.,

The ledger account as produced by the Applicant from the available data, is reproduced below:",

This bench is of considered view that monies were transferred to the Respondent No.1 and it remained payable by them in the ledger accounts as,

admitted by the Respondent No.1 in his reply. The Tribunal doth orders as follows:,

a) The Respondent No.1 is directed to refund Rs. 15,63,34,077/- immediately forthwith.",

b) This IA is partly allowed and disposed off.,