# In the matter of AML Power & Steel Ltd. (Santanu T. Ray (RP) Vs. Ajay Agarwal & 3 Others.) MA-586-2018 In CP-632-IB-2017

> NCLT judgment dated 2018-11-29. Citation: TCN-2018-NCLT-00263. The case involves an application related to a corporate insolvency resolution process. The…

- **Court:** NCLT
- **Order date:** 29 Nov 2018
- **Citation:** TCN-2018-NCLT-00263
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aml-power-steel-ltd-santanu-t-ray-rp-vs-ajay-agarwal-3-others-ma-586-2018-in-cp-06c56199

## Summary

### Background

The case involves an application related to a corporate insolvency resolution process. The Resolution Professional (RP) sought assistance in accessing the Registered Office premises of the Corporate Debtor. Previous orders had directed the Deputy Commissioner of Police and the Superintendent of Police to provide necessary assistance to the RP in discharging his duties. The RP is at liberty to visit the Registered Office premises of the Corporate Debtor along with an expert person preferably the Forensic Auditor.

## Facts

The Resolution Professional (RP), Santanu Tray, is involved in a corporate insolvency resolution process. The RP needs to access the Registered Office premises of the Corporate Debtor. Previous orders were issued directing the Deputy Commissioner of Police and the Superintendent of Police to provide assistance to the RP. The 1st and 2nd Respondents are directed to co-operate with the RP. The address of the Registered Office will be provided by the 1st Respondent to the Resolution Professional. The case was heard on 2018-11-29 and adjourned to 2018-12-06 for a status report.

## Issues and analysis

### Issue 1: Whether the Respondents should be directed to cooperate with the Resolution Professional in …

**Ratio:** The court has the power to direct parties to cooperate with the Resolution Professional

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**Reasoning:** The court reasoned that the Resolution Professional needs access to the Corporate

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**Interpretation:** This issue involves the interpretation of the powers of the court to ensure the

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**Application:** The court applied this principle by directing the 1st and 2nd Respondents to

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## Parties

- **Judges:** Ch. Mohd Sharief…; S. VIJAYARA…
- **Appellants:** SANTANU TRA…
- **Respondents:** Ajay Ag…
- **Advocates:** Anant Mer…; Sankar Nar…; +2 more

## Timeline

- **2018-06-22 — Previous…**: An order was passed directing the Deputy Commissioner of Police and the Superintendent of…
- **2018-08-17 — Previous…**: An order was passed directing the Chief Judicial Magistrate and the District Collector to…

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