# In the matter of Manoj Kumar Vs. Ample Infrastructure Pvt. Ltd. & Anr. CA(AT)(Insolvency) No. 645-2019

> NCLAT judgment dated 2019-07-09. Citation: TCN-2019-NCLAT-00464. The case involves an appeal against a decision related to insolvency proceedings. The…

- **Court:** NCLAT
- **Order date:** 9 Jul 2019
- **Citation:** TCN-2019-NCLAT-00464
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/manoj-kumar-vs-ample-infrastructure-pvt-ltd-anr-ca-c8c451bc

## Summary

### Background

The case involves an appeal against a decision related to insolvency proceedings. The appellant has not filed an affidavit as directed by the court. The Interim Resolution Professional (IRP) reports non-cooperation from the Board of Directors, who are not sharing information and documents. The IRP is addressing this issue with the Adjudicating Authority. The appellant's counsel claims to represent only one director, highlighting a dispute among the directors and a pending company petition. The appellant is allegedly trying to compromise the dispute with the Financial Creditor who initiated the application under Section 7.

## Facts

Manoj Kumar filed an appeal related to insolvency proceedings. The appellant failed to submit an affidavit as directed by the court on July 3, 2019. The Interim Resolution Professional (IRP), Saurabh Kalia, reported that the Board of Directors are not cooperating and are withholding information despite directions issued on June 19, 2019. The IRP is addressing this lack of cooperation with the Adjudicating Authority. The appellant's counsel stated that they represent only one director and that there is a dispute among the directors, with a company petition pending. The appellant is allegedly attempting to compromise with the Financial Creditor who initiated proceedings under Section 7. Multiple interveners, including financial creditors and allottees, have raised

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## Issues and analysis

### Issue 1: Whether the Appellant's failure to file the affidavit as directed by the court impacts the …

**Ratio:** Compliance with court directives is essential for the smooth functioning of legal

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**Reasoning:** The court noted the appellant's failure to file the affidavit, indicating a potential

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**Interpretation:** The interpretation is that the court expects parties to adhere to its

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**Application:** The appellant's failure to file the affidavit could weaken their position in

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…
- **Appellants:** Manoj K…
- **Respondents:** Ample Infrastructu…

## Timeline

- **2019-06-19 — Directions to Board of…**: Directions issued to the Board of Directors, but…
- **2019-07-03 — Appellant Directed to…**: The Appellant was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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