Tribunals and CommissionsDivision Bench(2020) 03 NCLT CK 0367

Outlook Tracom Pvt. Ltd. vs Toshniwal Enterprises Controls Ltd.

National Company Law Tribunal, Kolkata Bench · Decided on 5 March 2020

HON’BLE JUDGES
Jinan K.R., Member (J) · Harish Chander Suri, Member (T)
CASE NUMBER
CP(IB)No.1175/KB/2019

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Judgment

8 paragraphs · 310 words

ORDER

Ld. Resolution Professional (RP) with his Counsel appears. Mr. Rajesh Toshniwal, suspended Director of the Corporate Debtor in person appears. Ld. Counsel for Mr. Rajesh Toshniwal, suspended Director appears. Ld. Pr. CA for Mrs. Ganga Bhavani Badarla appears.

3rd Progress Report is filed. It is recorded.

After hearing the submissions on the side of the RP and the suspended directors, who appeared in person, we are not at all satisfied with the submissions of the suspended Director. However, one more opportunity is given to the suspended Director to cooperate with the RP by providing all necessary documents, which are available with him including information regarding the assets and liability and any other information related to the management of the affairs of the Company, as required by the RP. RP is directed to have a joint visit with the suspended Director at the Office of the Corporate Debtor at 3 P.M. today and take inventory of available documents by the representative of the Resolution Professional jointly in presence of the suspended Director.

We also direct other suspended Directors of the Corporate Debtor to appear in person on the next date of hearing. All the suspended Directors are expected to co operate with the RP.

It is further submitted that in a case u/s. 138 of the Negotiable Instrument Act Muchipara Police Station has ceased all the laptops of the Directors and employees of the Corporate Debtor, as such he could not provide soft data kept in the laptop. Therefore, SHO, Muchipara P.S. is hereby directed to provide all necessary facilities/assistances so that the Resolution Professional in the presence of the suspended Director can extract soft copy from the laptop kept under their custody. If needed, with permission from the Magistrate concern.

Serve a free copy of the order to the Resolution Professional.

List the matter on 21/04/2020 for further consideration.