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Judgment
ORDER
19.02.2024: Heard learned counsel for the Appellant.
The present appeal has been filed by the Appellant against the impugned order dated 09.11.2023 passed by NCLT, Mumbai Bench in IA No.3702 of 2023 in CP (IB) No.2176 of 2019. The IA it was filed by the Applicant seeking
a)This Hon’ble Tribunal be pleased to direct former directors, of the Corporate Debtor to comply with the direction of this Hon’ble Tribunal vide order dated 19th January, 2023 to sign the balance sheets/financial statements after verification satisfaction of Director and provide other information/documents that may be required by the Applicant.
b)This Hon’ble Tribunal be pleased to allow the amendment sought in the order dated 19th January, 2023 vide para 17 of this present application;
c)This Hon’ble Tribunal be pleased to waive off the penalties for filing of books of accounts, financial statements and other returns for the period starting 2014 before the Registrar of Companies.
d)This Hon’ble Tribunal be pleased to provide the liberty to file the Income Tax Returns before the Income Tax Department for the period starting AY 2014-15 after the financial statements are finalized, without levying of any penalty.
e)This Hon’ble Tribunal be pleased to direct the District Administration (Police) officials and etc) to provid;e assistance to the Applicant;
f)For such other and further reliefs as this Hon’ble Tribunal deems fit and necessary.
The Adjudicating Authority by the impugned order has allowed the prayer (a) and, however, did not allowed prayer (b) to (f). Learned counsel for the Appellant submits that the order was passed on 19.01.2023 directing the Directors to sign the financial documents and the Adjudicating Authority has also issued a show cause notice to the Directors but they have not yet signed the Balance Sheets. The prayer which was made in Prayer (a) have been allowed by the Adjudicating Authority and when the appellant case is that the Respondents have not complied the orders, the remedy available is to file an application for Contempt before the Adjudicating Authority or such other prayer as may be advised. We donot find any error in the order warranting interference subject to liberty as granted above.
We make it clear that impugned order shall not preclude the appellant to file a fresh application as advised.
With the above observations the appeal is disposed off.