Thiagarajan Murugesan vs G.Gunasekaran & Ors

Mr. Thiagarajan Murugesan ...Appellant

Versus

G. Gunasekaran & Ors. ...Respondents

Present: For Appellant : Mr. N. Ramakrishnan, Advocate

For Respondents : Mr. C.A. Sinha and Ms. Sonali Khanna, Advocates

ORDER

08.08.2019 The Adjudicating Authority (National Company Law Tribunal),

Special Bench, Chennai by impugned order dated 17th July, 2019 passed the

following directions :

"Therefore this Bench hereby directs R1 to R4 to

provide the required documents to the RP within 10 days

hereof, failing which, this Bench hereby requests the

District Collector of Madurai to provide assistance to the

RP take custody of the records sought by the RP as well

as any other assistance that is essential in discharging

his functions as RP in the CIRP period as contemplated

under Section 19(2) of IBC r/w 429 of the Companies Act,

2013"

2. The Appellant is the 1st Respondent to the application which was preferred

before the Adjudicating Authority and the direction as given above is to all the

'Promoters/Directors' of the 'Corporate Debtor'.

3. Learned counsel appearing on behalf of the Appellant submits that since

2013 he is not the Director and whose shareholding with the company is no

longer there since there 2015. If that be so, the Appellant needs to co-operate

with the 'Resolution Professional' and state as to who is in the possession of the

record of the 'Corporate Debtor'. Learned counsel for the Appellant submits that

some properties belongs to the Appellant, but no such finding is given in the

impugned order by the Adjudicating Authority and we are not inclined to decide

the same. However, the Appellant may file an application before the 'Resolution

Professional' to show that any particular property belongs to 3rd Party and in

such case, the 'Resolution Professional' will examine the same in terms of Section

18 of the 'I&B Code' preferably within 3 weeks thereof.

The appeal stands disposed of with aforesaid observations.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] Member (Judicial)

[ Kanthi Narahari ] Member (Technical) /ns/sk

Company Appeal (AT) (Insolvency) No. 809 of 2019