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Judgment
IA/19(MP)2022, IA/20(MP)2022 and IA/21(MP)2022
IA/19(MP)2022
This application is filed by the Liquidator under Section 34(5) r.w. 60(5) of the IBC, 2016, seeking direction to permit her to share the assets
memorandum to one of the Financial Creditors, i.e. State Bank of India as per Regulation 34 of the IBC, 2016.
No apparent reason is assigned for such request. Upon our query, why the SBI requires such memorandum, the Learned Counsel for the Liquidator
submits that the SBI has given reason that they are requiring for their internal discussion.
We hold that it is not a proper and correct reason to disclose the confidential document which is in possession of the Liquidator.
Hence, we rejected this application with the liberty to the SBI to approach us independently.
With this direction, IA/19(MP)2022 stands rejected.
IA/20(MP)2022
This application is filed by the Commercial Tax Department under Section 60(5)(c) of the IBC, 2016 for the direction to the Liquidator to consider
their claim.
In fact, it ought to have been application under Section 42 of the IBC, 2016. Hence, we treat this as an application under Section 42 of the IBC, 2016
and direct the Liquidator to file reply within two weeks.
The matter stands adjourned to 11.03.2022.
IA/21(MP)2022
This application is filed by the Liquidator under Section 60(5) of the IBC, 2016 for direction to place third quarterly report on record. It is taken on
record.
With this, IA/21(MP)2022 stands disposed of.