Falcon Minds Consulting Pvt Ltd Vs Wisdom IT Services Pvt Ltd

National Company Law Tribunal, Hyderabad Bench 1 7 Feb 2022 IA(IBC)/92/2022 CP(IB) No.l5/9/HDB/2020 (2022) 02 NCLT CK 0042
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

IA(IBC)/92/2022 CP(IB) No.l5/9/HDB/2020

Hon'ble Bench

Dr. Venkata Ramakrishna Badarinath Nandula, Member J; Veera Brahma Rao Arekapudi, Member, T

Final Decision

Disposed Of

Acts Referred
  • Insolvency and Bankruptcy Code, 2016 - Section 9

Judgement Text

Translate:

IA(IBCV92/2022:-

 Learned Counsel Ms. K. Annapurna Reddy for applicant and Interim Resolution Professional(IRP) Shri P. Madhusudhan Reddy appeared via

video conference. Heard the Learned Counsel for applicant and IRP.

Pursuant to the direction of this Tribunal, Learned Counsel for applicant filed an additional affidavit along with enclosures and submitted that the

affidavits and the enclosures reveal the efforts put in by IRP to secure relevant information from the Corporate Debtor and the non-cooperation from

the side of the Corporate Debtor. We have perused the affidavit. As per the affidavit, in para 11, the IRP mentioned the material information required

for the purpose of the Corporate Insolvency Resolution Process (CIRP) has been denied unjustly by Corporate Debtor. We have seen from the

record placed by IRP, satisfied that it is fit a case where directions are required enabling the IRP to complete the CIRP within the timeline.

We, therefore, allow this application and direct the Corporate Debtor to furnish the following information to IRP within 7 days from the date of this

order and also extend the required cooperation to the RP.

a) Â Books of accounts of the Corporate Debtor maintained in ERP or in any other format for the last 3 Financial Years as per companies act;

b) Â Latest Financial Position of the Company as on 12.11.2021;

c) Â List of assets along with details of their location/office address, quantitative details and value thereof;

d) Â Assets and liabilities, as on dated of the insolvency commencement classified into appropriate categories for easy identification, with estimated

values assigned to each category;

e) Â List of inventory along with their location, quantitative details and value thereof;

f)  List of receivables with ageing up to 3 years and estimated realizable value along with debtor’s address, contact details etc.,

g) Â List of creditors (Financial, Operational, employees and others) along with their contact details;

h) Â List of employees of the company along with designation and contact numbers;

i) Â Details of various registrations that the company along with login id and passwords. Details of contingent liabilities of the company;

j) Details of bank accounts along with login id and passwords;

k) ROC records and up-to-date minutes of all meetings of the BOD(Board of Directors);

1) Bills and vouchers and other supporting records of the Corporate Debtor for the last 3 financial years;

m) Audited financial statements of the Corporate Debtor for the last 3 financial years and provisional financial statements for the current financial

year made up to a date not earlier than 14 days from the date of the application;

n) A list of creditors containing the names of creditors, the amount claimed by them, the amount of their claims admitted and the security interest, if

any, in respect of such claims; o) Particulars of a debt due from or to the corporate debtor with respect to related parties as on 12.11.2021; p) Details

of guarantees that have been given in relation to the debts of the corporate debtor by other persons, specifying which of the guarantors is a related

party;

q) Name and addresses of the members or partners holding at least one present stake in the corporate debtor along with the size of stake; r) Details of

all material litigation and ongoing investigations or proceeding initiated by government and statutory authorities; s) Number of workers and employees

and liabilities of the corporate debtor towards them with details breakup for each item like basic, DA, PF, ESI, F & F etc.,; t) Other information, which

the interim resolution professional deems relevant.â€​

Should there be any denial of entry, resistances/ refusal, the IRP is at liberty to approach the concerned police within whose Jurisdiction the Corporate

Debtor is situate, for necessary police aid enabling him to discharge his duties enshrined under this order,\ and the police are directed to act upon the

certified copy of this order copy of which shall be produced by IRP, before the authorities, without insisting for original of this order.

With the above directions, the IA(IBC)/92/2022 is disposed of. Report shall be filed within 2 weeks.

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