2025 Supreme(Online)(NCLT) 1498
NATIONAL COMPANY LAW TRIBUNAL
Dinesh Gopal Mundada – Appellant
Versus
Anil Viththalarav Chavan – Respondent
IA(I.B.C) - 2047/2023
For the Petitioner:MANOJ KUMAR MISHRA
NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH
COURT III
111. I.A. 2047/2023
In
C.P.(IB)- 1005(MB)/2022
CORAM: MS. LAKSHMI GURUNG, MEMBER (J)
SH. CHARANJEET SINGH GULATI, MEMBER (T)
ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL
COMPANY LAW TRIBUNAL ON 03.02.2025
NAME OF THE PARTIES: ASREC (India) Limited
V/s.
Mudhai Dairy Private Limited.
Appearance
For Liquidator : Adv Manoj Mishra
For Respondent : None
SECTION 7 OF THE IBC, 2016
__________________________________________________________________________
ORDER
Hearing Through: Virtually and Physical (Hybrid) Mode
I.A. 2047/2023
1. This application was filed by the Erstwhile RP and is being prosecuted by
the present liquidator. It is submitted on behalf of the liquidator that despite follow up, following information are till awaited from the
suspended directors:
Sl. No. Particulars
1. List of bank accounts (account number and nature), balance in those accounts, email id and address of branch and concerned person from branch;
2. Latest trial balance;
3. History of the company and Banks details loan history;
4. Status of Mortgages and Charges;
5. List of Debtors with their GST No. address and contact details as on the date of NCLT order;
6. Dues of Workers and Employees as on order date;
7. List of pending litigation at various forums;
8. Details of loan from Holding company;
9. List of trademarks and rights;
10. Copy of the land Agreements for the land/Rental Agreements;
11. Insurance details;
12. Assets and liabilities with date of acquisition, cost of acquisition, remaining useful life, identification number, depreciation charged, book value, and any other relevant details, as on the insolvency commencement date, as are generally necessary for ascertaining their values;
13. The latest annual financial statements and provisional financial statements for the current financial year made up to a date;
14. 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;
15. Documents relating to assets of the Corporate Debtor-
Registration Agreement for purchase of factory and copy of invoices and installation certificates of assets at Karad plant;
16. Profile of the Company
17. Shareholding patterns as on 31.03.2022 and as on date.
18. List of Preference Shareholders as on date of order
2. It is further submitted that the corporate debtor has filed the annual returns and the financial account with RoC only upto 31.03.2018. and details from 01.04.2018 to 09.11.2022 are not available with the RP.
3. Despite service of notice on the three Respondents, the Respondents have not filed any response.
4. We therefore direct the Respondents to provide above information/documents as well as extend full cooperation to the liquidator.
5. With the above directions, I.A. is allowed and stands disposed of Sd/- Sd/-
CHARANJEET SINGH GULATI LAKSHMI GURUNG Member (Technical) Member (Judicial)
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