The appeal challenges an NCLT order dated 21.10.2022, which directed the erstwhile statutory auditor (Appellant) to provide information and complete an audit under Section 19 of the IBC, 2016. The Resolution Professional (RP) had sought this information, alleging non-cooperation. The Appellant contended that the audit could not be completed due to non-availability of records from the Corporate Debtor's management and later the RP, that he had already resigned, and that the Committee of Creditors' (CoC) decision to replace him was flawed.
On 27.02.2018, Sh. Sanjeev Kumar Arora (Appellant) was appointed as the statutory auditor of M/s Lakshmi Precision Screws Limited (Corporate Debtor) by its Board for the year 2017-2018.
On 15.05.2018, the EOGM of the Corporate Debtor approved the appellant's appointment.
On 24.07.2018, Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor.
On 10.09.2018, the appellant sent an e-mail to the Resolution Professional (RP) seeking certain particulars, followed by another e-mail on 27.09.2018.
On 27.09.2018, the RP replied via e-mail, indicating a lack of support from the staff of the Corporate Debtor.
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Appellant Sh. Sanjeev Kumar Arora appointed as…
The EOGM of the Corporate Debtor approved…
The appeal challenges an NCLT order dated 21.10.2022, which directed the erstwhile statutory auditor (Appellant) to provide information and complete an audit under Section 19 of the IBC, 2016. The Resolution Professional (RP) had sought this information, alleging non-cooperation. The Appellant contended that the audit could not be completed due to non-availability of records from the Corporate Debtor's management and later the RP, that he had already resigned, and that the Committee of Creditors' (CoC) decision to replace him was flawed.
On 27.02.2018, Sh. Sanjeev Kumar Arora (Appellant) was appointed as the statutory auditor of M/s Lakshmi Precision Screws Limited (Corporate Debtor) by its Board for the year 2017-2018.
On 15.05.2018, the EOGM of the Corporate Debtor approved the appellant's appointment.
On 24.07.2018, Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor.
On 10.09.2018, the appellant sent an e-mail to the Resolution Professional (RP) seeking certain particulars, followed by another e-mail on 27.09.2018.
On 27.09.2018, the RP replied via e-mail, indicating a lack of support from the staff of the Corporate Debtor.
…Appellant Sh. Sanjeev Kumar Arora appointed as…
The EOGM of the Corporate Debtor approved…