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IN THE NATIONAL COMPANY LAW TRIBUNAL,
KOLKATA BENCH,
KOLKATA
I.A.(IB) 255/KB/2021
In
C.P (IB) No.1136/KB/2018
In the matter of
An application under Section 19(2) of the Insolvency and Bankruptcy Code,
2016.
And
In the matter of:
Otto Projects Private Limited, a Company incorporated under the Companies
Act, 1956 and having its Registered office at 4, Bishop Lefroy Road, Flat No.4,
Calcutta Mansion, Kolkata- 700 020.
…. Corporate Debtor
And
In the matter of
Sankar Kumar Patnaik, Resolution Professional, having his office at 2nd Floor,
(Old Wing), 7A Bentinck Street, Kolkata
…. Applicant
And
1.
Mr.
Muzzafar
Shah,
Director,
resident
,resident
of
45
Abhishek
Complex, Hauz Khas village, New Delhi- 110016;
2.
Mr. Ujjal Pramanik, Director, resident of 61, Raimohan Banerjee Road,
Kolkata- 70010.
3.
Mr. Gautam Gangopadhyay, Director, resident of 181/1 Canal street,
Sreebhumi, Lake Town, Kolkata- 700048.
4.
Mr. Shib Kali Banerjee, Director resident of 5B Ashoka Apartment 111
Southern Avenue , Kolkata- 700029.
…….Respondents
Date of hearing
: 16/02/2022
IN THE NATIONAL COMPANY LAW TRIBUNAL,
KOLKATA BENCH,
KOLKATA
I.A.(IB) 255/KB/2021
In
C.P (IB) No.1136/KB/2018
_________________________________________________________________________________________________________
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Page 2 of 6
Order Pronounced on
: 21/03/2022
Coram:
Mr. Rohit Kapoor, Member (Judicial)
Mr. Harish Chander Suri, Member (Technical)
Counsels appeared through Video Conference
1. Mr. Jitendra Patnaik, Adv.
] For Liquidator
2. Mr.Nirmalya Dasgupta,Adv.
1. Mr. Nipun Gautam, Adv.
] For R-2,R-3&R-4 in IA/255/2021
1. Mr. Ratul Das, Adv.
] For Durgapur Engineering Construction
2. Ms. Aryaa Chatterjee, Adv.
O R D E R
Per: Harish Chander Suri, Member (Technical)
1.
The Court is convened by video conference today.
2.
This application was filed by the erstwhile Resolution Professional, the
applicant herein, under section 19(2) of the Insolvency and Bankruptcy Code,
2016 seeking directions upon the suspended Directors and the staffs/
management personnel of the Corporate Debtor to extend all cooperation and
provide all information with regard to the assets, books and records, relating
to the project, the details of the invoices submitted upon completion of the
projects, the plan to complete the pending projects, the documents relating to
the projects under-taken by the Corporate Debtor, the related correspondence
pertaining to the projects, the compliances agreement/ documents on such
projects, the debts receivable from each of the projects, the person looking
after the recovery of the dues upon completion of the projects, etc.
3.
It is submitted that the applicant has been repeatedly threatened by
people claiming to be employees of the Corporate Debtor. Despite repeated
requests and calling upon the suspended member of the Board of Directors to
extend all cooperation to complete the CIRP, they have failed and neglected to
IN THE NATIONAL COMPANY LAW TRIBUNAL,
KOLKATA BENCH,
KOLKATA
I.A.(IB) 255/KB/2021
In
C.P (IB) No.1136/KB/2018
_________________________________________________________________________________________________________
----------------------------------------------------------------------------------------------------------------------------
Page 3 of 6
do so.
4.
During the course of hearing, it is submitted by the Ld. Counsel for the
liquidator
that
the
Ex.
Directors
have
not
been
cooperating
with
the
liquidator, whereas the Ld. Counsel for the suspended Directors of the
Corporate Debtor submitted that the possession of the registered office along
with all the documents were handed over to the erstwhile RP.
5.
We may notice here that vide order dated 20th December,2021, this
Adjudicating Authority had passed the orders, which are reproduced as
under:-
“ 2. Ld. Counsel for the Liquidator submits that the Ex-Directors are not
cooperating with the
