# In the matter of B. B. Food Pvt. Ltd. CP No. (IB)349-ALD-2018

> NCLT judgment dated 2021-11-09. Citation: TCN-2021-NCLT-00569. The case involves an application filed under Section 19(2) of the Code seeking cooperation from…

- **Court:** NCLT
- **Order date:** 9 Nov 2021
- **Citation:** TCN-2021-NCLT-00569
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-b-food-pvt-ltd-cp-no-ib349-ald-2018-e983216c

## Summary

### Background

The case involves an application filed under Section 19(2) of the Code seeking cooperation from the Suspended Management/Board regarding the CIRP. The application was filed in early 2020, and as of late 2021, the RP claims to lack necessary information to complete the CIRP. Additionally, there are applications IA No.232/2020 and IA No.201/2020 where the counsel representing the respondents seeks time to file a reply. IA No.201/2020 also involves the Insolvency & Bankruptcy Board of India (IBBI) being unnecessarily made a respondent. IA NO.313/2021 is an application seeking refund of amounts advanced to the Suspended Board as per the audited accounts of the Corporate Debtor.

## Facts

The Corporate Insolvency Resolution Process (CIRP) is ongoing. An application was filed under Section 19(2) of the Code seeking cooperation from the Suspended Management/Board. The RP claims to lack necessary information to complete the CIRP despite the application being filed in early 2020. There are also applications IA No.232/2020 and IA No.201/2020 where the counsel representing the respondents seeks time to file a reply. In IA No.201/2020, the IBBI was unnecessarily made a respondent. IA NO.313/2021 is an application seeking refund of amounts advanced to the Suspended Board as per the audited accounts of the Corporate Debtor. The relevance of the facts is to show the progress and issues in the CIRP process, the need for cooperation from the suspended board, and

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## Issues and analysis

### Issue 1: Whether the Suspended Management/Board should be directed to provide necessary information to the …

**Ratio:** Section 19(2) of the Code empowers the Adjudicating Authority to seek cooperation from

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**Reasoning:** The court noted that the CIRP was initiated in 2020, and the RP still lacks necessary

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**Interpretation:** Section 19(2) is interpreted to mean that the Adjudicating Authority has the

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**Application:** The court applied this ratio by directing the RP to provide a list of required

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** Bank of…
- **Respondents:** B. B. Foods PVT…

## Timeline

- **2020-01-01 — Application…**: Application filed under Section 19(2) of the Code seeking cooperation of the Suspended…
- **2021-11-09 — Hearing…**: Hearing held on 9th…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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