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2022 Supreme(Online)(NCLAT) 311

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Anant Bijay Singh (Member(Judicial)) , Hon'ble Ms. Shreesha Merla (Member (Technical)) ,
MR. MUKUND CHOUDHARY & ANR. – Appellant
Versus
Subhash Kumar Kundra – Respondent


JUDGEMENT

[Per; Shreesha Merla, Member (T)] Aggrieved by the order dated 01.06.2021 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Principal Bench) in Company Appeal (AT) (Insolvency) No. 452 of 2021 IA-2070(PB)/2021 in CP No. (IB)-933(PB)/2019, Mr. Mukund Choudhary & Anr. preferred this Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘The Code’). By the impugned order, the Adjudicating Authority has disposed of I.A. No. 2070(PB)/2021 filed by the Resolution Professional under Section 19(2) of the Code seeking direction to the suspended directors / the Appellants herein to cooperate and provide signed copy of the financial statements for the Financial Year of 2019-2020, observing as follows:

    6. Since CIRP/Liquidation is to be completed in time bound manner, the AA cannot grant time to file Reply/Replies to various IAs filed by aggrieved parties during the process of CIRP. It is settled position of law that in terms of provisions of Section 19 of Code, the personnel of CD, its promoters or any other person associated with the management of CD shall extend all assistance and co- operati







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