# 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-00575. The case involves an application (IA No.139/2020) filed under Section 19(2) of the Code seeking…

- **Court:** NCLT
- **Order date:** 9 Nov 2021
- **Citation:** TCN-2021-NCLT-00575
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-b-food-pvt-ltd-cp-no-ib349-ald-2018-f9a95d43

## Summary

### Background

The case involves an application (IA No.139/2020) 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 the court notes that the CIRP is still incomplete by the end of 2021. Additionally, IA No.232/2020 and IA No.201/2020 involve requests for time to file replies. IA No.201/2020 also addresses the unnecessary inclusion of IBBI as a respondent. IA NO.313/2021 concerns an application seeking refund of amounts advanced to the Suspended Board as per audited accounts of the Corporate Debtor.

## Facts

The National Company Law Tribunal (NCLT) Allahabad Bench is hearing a case related to the Corporate Insolvency Resolution Process (CIRP) of B. B. Foods Pvt Ltd. Bank of India is the applicant/RP. IA No.139/2020 was filed seeking cooperation from the Suspended Management/Board. The CIRP process has been ongoing since early 2020 and is still incomplete by the end of 2021. The Insolvency & Bankruptcy Board of India (IBBI) was unnecessarily made a respondent in IA No.201/2020. IA NO.313/2021 is an application seeking refund of amounts advanced to the Suspended Board as per audited accounts of the Corporate Debtor. The court is addressing delays and procedural issues in the CIRP process.

## Issues and analysis

### Issue 1: Whether the Suspended Management/Board should be directed to cooperate with the RP in the CIRP …

**Ratio:** Section 19(2) of the Code mandates cooperation from the Suspended Management/Board with

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**Reasoning:** The court notes the delay in completing the CIRP and emphasizes the need for cooperation

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**Interpretation:** Section 19(2) places a legal obligation on the Suspended Management/Board to

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**Application:** The court directs the RP to specify the required documents/information, and the

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** Bank of…
- **Respondents:** B. B. Foods PVT…
- **Advocates:** Babita…; Sh. Keith V…; +1 more

## Timeline

- **2020-01-01 — Filing of IA No…**: Application filed under Section 19(2) of the Code seeking cooperation from the Suspended…
- **2021-11-09 — Hearing…**: Hearing 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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