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Judgment
ORDER
In pursuance of our direction, Mr. Manjeet Singh, Deputy ROC is present in the Court. He seeks and is granted one week time to file affidavit on the following issues:-
The direction issued in numerous orders of admission of petition under Section 7, 9 & 10 of the Insolvency & Bankruptcy Code have not been complied with wherein we have asked the ROC to update the master data of the Corporate Debtor so as to inform the public at large about the status of the company which has come under Corporate Insolvency Resolution Process.
By virtue of imposition of moratorium under Section 14, the board of directors is suspended and why the uploading by RP who represent the Board of Directors/management of the company is not permitted. In the alternative the mechanism for uploading the data like annual accounts etc. on the website of the ROC, may be clarified.
The needful shall be done within a week with a copy in advance to the counsel for the applicant.
The parwise reply to the present company application may also be filed.
We further direct that in all cases of Insolvency & Bankruptcy Code and Company Petition, the Union of India, Ministry of Corporate Affairs through the Secretary be impleaded as a party respondent so that authentic record is made available by the officers of the Ministry of Corporate Affairs for proper appreciation of the matters. This shall be applicable throughout the country to all the benches of National Company Law Tribunal. The Registrar shall send a copy of this order to all NCLT benches so that respective Deputy Registrar may ensure that proper parties are impleaded.
List for further consideration on 11.12.2019.