IN RE Vs. CLUTCH AUTO LTD

JUDGEMENT

(1.) The Insolvency Professional has filed present application for issuance of various directions which are given in the prayer clause and read as under:-

(2.) Notice of the application was issued. The erstwhile Management has filed its reply and has claimed that necessary information has been furnished to the Insolvency Resolution. However, learned counsel for the Insolvency Professional states that the possession of the Unit situated at SP2-173/174, RIICO Industrial Area, Kaharani, Bhiwadi, District Alwar, Rajasthan -301019 is not being handed over to the Insolvency Professional and there are threats to him. Likewise, the key person namely Mr. V.K. Mehta (CMD) , Mr. Pramod Kumar (Marketing Manager) , Mr. Manish Rai (Company Secretary) and Mr. Rajesh Kumar (Finance Manager) of the Corporate Debtor are not extending the full cooperation and providing all necessary cooperation required by the Insolvency Resolution Professional in order to fulfil all his duties and responsibilities.

(3.) Having heard the learned counsel, we notice the provisions of Section 19 of the Code, 2016 where all the personnels of the Corporate Debtor, its promoters or any other person associated with the erstwhile Management of the Corporate Debtor is put under obligation to extend all assistance and co-operation to the Interim Resolution Professional as may be required by him in managing the affairs of the Corporate Debtor. In case such cooperation is not forthcoming the Insolvency Professional under sub-section 2 of Section 19 has been given the right to file appropriate application like the one in hand before the Adjudicating Authority i.e. NCLT. Accordingly, the present application has been filed.