# In the matter of Empee Distilleries Ltd. MA-65-2019 In CP-280-IB-2018

> NCLT judgment dated 2019-01-28. Citation: TCN-2019-NCLT-05137. The Resolution Professional filed an application seeking directions against the Respondents…

- **Court:** NCLT
- **Order date:** 28 Jan 2019
- **Citation:** TCN-2019-NCLT-05137
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/empee-distilleries-ltd-ma-65-2019-in-cp-280-ib-2018-95b48d20

## Summary

### Background

The Resolution Professional filed an application seeking directions against the Respondents (erstwhile Respondents/Promoters-Directors of the Corporate Debtor) to cooperate with the Resolution Professional, provide all documents, and render assistance during the CIRP of the Corporate Debtor. This includes handing over access/control over bank accounts and management, disclosing information, and attending CoC meetings.

## Facts

The Resolution Professional (S.Rajendran) filed an application (MA/65/2019) in CP/280/IB/2018 against the Respondents (including M.P.Purushothaman) seeking directions for cooperation and document handover related to the CIRP of the Corporate Debtor (Empee Distilleries Ltd). The Respondents' counsel had previously agreed to provide the documents, but the Applicant claimed non-compliance. The Respondents were not represented at the hearing. The application was filed under Section 19 of an unspecified act. The key fact is the non-compliance of the respondents in providing necessary documents to the Resolution Professional for the CIRP process.

## Issues and analysis

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

**Ratio:** The principle of corporate insolvency resolution mandates cooperation from all

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**Reasoning:** The court reasoned that the Resolution Professional requires access to all relevant

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**Interpretation:** This issue involves the interpretation of the duties and obligations of the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** S. RAJE…
- **Respondents:** EMPEE DISTILLERIES…; M.P.PURUSHO…

## Timeline

- **2018-01-01 — CP/280/IB/201…**: The Corporate Insolvency Resolution Process (CIRP) was initiated against Empee…
- **2019-01-25 — Hearing…**: The application came for hearing, and the Respondents' counsel agreed to provide the…

## Legal provisions

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

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