I.A. (IB) No. 1175/KB/2020

And

I.A. (IB) No. 308/KB/2022

And

I.A. (IB) No. 694/KB/2020

In

Company Petition No. 182/KB/2017

IN THE MATTER:

Gujarat NRE Coke Limited (In Liquidation) represented by the

Liquidator, Mr. Sumit Binani.

… Corporate Debtor.

And

I.A. (IB) No. 1175/KB/2020 and I.A. (IB) No. 308/KB/2022

Petitions under Rule 11 of the National Company Law

Tribunal Rules, 2016 read with Sections 340, 195(1)(b) of the

Code of Criminal Procedure, 1973 read with Sections 191,

193, 199, 209 and 211 of the Indian Penal Code, 1860

IN THE MATTER:

Kavita Jagatramka

… Petitioner

Versus

Sumit Binani, Liquidator of the

(Corporate Debtor)

… Respondent.

And

I.A. (IB) No. 1175/KB/2020; I.A. (IB) No. 308/KB/2022; and I.A. (IB)

No. 694/KB/2020 In Company Petition No. 182/KB/2017 I.A. (IB) No. 694/KB/2020 IN THE MATTER OF:

Sumit Binani, Liquidator of the Gujarat NRE Coke Limited (Corporate Debtor)

… Petitioner.

Versus Arun Kumar Jagatramka … Contemnor No. 1/ Respondent No. 1.

And Kavita Jagatramka … Contemnor No. 2/ Respondent No. 2.

And M/s. Surajbari Traders Private Limited … Contemnor No. 3/ Respondent No. 3.

Date of Pronouncement: August 27, 2024.

CORAM:

SMT. BIDISHA BANERJEE, HON’BLE MEMBER (JUDICIAL)

SHRI. D. ARVIND, HON’BLE MEMBER (TECHNICAL)

APPEARANCE:

For the Petitioners in I.A. (IB) No. 308(KB)2022 and I.A.

(IB) No. 1175(KB)2020:

Mr. Nirmalya Dasgupta, Adv.

Mr. M. S. Tiwari, Adv.

ORDER

Per: Bidisha Banerjee, Member (Judicial):

1. The Court congregated though hybrid mode.

I.A. (IB) No. 1175/KB/2020; I.A. (IB) No. 308/KB/2022; and I.A. (IB)

No. 694/KB/2020 In Company Petition No. 182/KB/2017

2. Heard the Learned Counsels for both parties.

I.A. (IB) No. 1175/KB/2020 and I.A. (IB) No. 308/KB/2022

3. Both the petitions are preferred under Rule 11 of the National Company Law Tribunal Rules, 2016, for brevity “NCLT Rules” read with Sections 340, 195(1)(b) of the Code of Criminal Procedure, 1973, for brevity “Cr.P.C.” read with Sections 191, 193, 199, 209 and 211 of the Indian Penal Code, 1860, for brevity “IPC”, by one Kavita Jagatramka against Mr. Sumit Binani, the Liquidator of Gujarat NRE Coke Limited (in Liquidation) seeking the following reliefs:

a) A preliminary inquiry may be conducted in the matter in accordance with law.

b) To record the finding to that effect.

c) A complaint be made in writing through a competent officer of this Adjudicating Authority and the same be sent to the Learned Chief Metropolitan Magistrate, Calcutta for taking cognizance of the said offence and to proceed with in accordance with law.

d) A reference be made to the IBBI for initiating necessary disciplinary proceedings against the respondent in accordance with law.

e) Appropriate order as to the cost of and incidental to this application.

Factual Conspectus:

4. The Corporate Debtor preferred an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, for brevity “I&B I.A. (IB) No. 1175/KB/2020; I.A. (IB) No. 308/KB/2022; and I.A. (IB)

No. 694/KB/2020 In Company Petition No. 182/KB/2017 Code”/ “Code” which was admitted. Since, no resolution plan could be approved, the corporate debtor, vide an order dated 11.01.2018, was sent into liquidation and the Respondent, Mr. Sumit Binani was appointed as a Liquidator to liquidate the company by selling it as a going concern.

5. That, on 05.06.2020, the office boys of the Corporate Debtor told the Liquidator that the office keys were with the Petitioner herein, namely Kavita Jagatramka and subsequently, receiving no cooperation, the Liquidator preferred an application under section 19(2) read with 34(3) of the I&B Code alleging non-corporation. Pursuant to the application, this Adjudicating Authority passed an order on 17.07.2020 directing the four senior employees of the company to handover the keys to the Liquidator.

6. It is the claim of the petitioner that an application has been initiated to bring forth the misdeeds of the respondent liquidator who caused mental agony and harassment by way of making false allegations against the petitioner and he