Vikram Jhunjhunwala vs Xecute HR Solutions Pvt. Ltd

The present application is filed by the IRP praying therein:

a) to direct Deputy Commissioner of Police (South) Sohna Road, Gurugram, Haryana to assist the IRP to take into custody all the assets of the corporate-debtor M/s. Xecute HR Solutions Pvt. Ltd. from its office situated at 925-26, JMD Megapolis, Sohna Road, Gurugram;

b) direct any other Local authority(s) as may be required to assist the IRP in taking into custody all the assets of the corporate-debtor M/s. Xecute HR Solutions Pvt. Ltd. from its office situated at 925-26, JMD Megapolis, Sohna Road, Gurugram;

c) pass any other order(s) as this Hon'ble Tribunal may deem fit and proper in the circumstances of this case.

We have heard the learned counsel appearing on behalf of the IRP and perused the averments made in the application as well as documents enclosed with the application. Learned counsel appearing on behalf of the IRP has submitted that he has made an application before the Deputy Commissioner of Police (South) Sohna Road, Gurugram, Haryana praying therein to pursue the landlord to cooperate with the IRP in taking possession of the assets and records of the company. He further submitted that as per Regulation 30 of the IB Regulation, 2016, the IRP or the RP make an application before the Adjudicating Authority for an order seeking the assistance of the Local District Administration and discharges his duties under the Code and Regulations. He further submitted that under such circumstances the Deputy Commissioner of Police (South) Sohna Road, Gurugram, Haryana may be directed to cooperate the IRP in getting the possession of the assets and records of the corporate-debtor which are lying in the rented house under the occupation of one Mr. Rahul Sehgal.

In the light of the submissions raised by the learned counsel appearing on behalf of the IRP and on the basis of the averments made in the application we think it proper to direct the IRP:

i. to file an appropriate application before the Deputy Commissioner of Police (South) Sohna Road, Gurugram, Haryana stating the assistance which the IRP needs from the Deputy Commissioner of Police (South) Sohna Road, Gurugram, Haryana.

ii. and if that application is filed before the Deputy Commissioner of Police (South) Sohna Road, Gurugram, Haryana, the Deputy Commissioner of Police is hereby directed to give such assistance as required by the IRP, so that the IRP may be able to get the possession of the assets and records of the corporate-debtor lying in the premises situated at 925-26, JMD Megapolis, Sohna Road, Gurugram.

With this order the present Interim Application stands disposed of. Dasti of this order is allowed. Service of this order by e-mode is also permitted.