# In the matter of Global Interactive Malls Pvt. Ltd. (IB)-249(ND)-2018

> NCLT judgment dated 2020-01-15. Citation: TCN-2020-NCLT-02327. The case involves an application filed by the Resolution Professional (RP) under Section 19(2)…

- **Court:** NCLT
- **Order date:** 15 Jan 2020
- **Citation:** TCN-2020-NCLT-02327
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/global-interactive-malls-pvt-ltd-ib-249nd-2018-0ba7244e

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) under Section 19(2) of the Insolvency and Bankruptcy Code (IBC). The RP stated that the custody of assets and tally data was not provided. The director/promoter of the company, Mr. Sandeep Kumar, was represented and stated he was ready and willing to release the documents and tally data. Another application, CA-359(PB)/2020, filed by the RP seeking an extension, was not supported by a resolution and was dismissed.

## Facts

The Resolution Professional (RP) filed an application under Section 19(2) of the IBC, stating that the custody of assets and tally data was not provided. The director/promoter of the company, Mr. Sandeep Kumar, stated he was ready and willing to release the documents and tally data. The RP also filed another application seeking an extension, which was not supported by a resolution from the Committee of Creditors (CoC). The court considered both applications. The willingness of Mr. Sandeep Kumar to release the data is a key fact influencing the disposal of the first application. The absence of CoC resolution is a key fact for dismissing the second application.

## Issues and analysis

### Issue 1: Whether the application filed by the RP regarding the custody of assets and tally data should be …

**Ratio:** The court has the power to direct compliance with the provisions of the IBC and ensure

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**Reasoning:** The court considered the statement of the director/promoter, Mr. Sandeep Kumar, that he

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**Interpretation:** Section 19(2) of the IBC empowers the RP to seek the assistance of the

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**Application:** Given Mr. Sandeep Kumar's statement, the court directed him to release the

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## Parties

- **Judges:** B.S.V. Prakash…; SH. S. K.…
- **Appellants:** Global Interactive…
- **Respondents:** Anirban Bhattachar…

## Timeline

- **2020-01-15 — Order Del…**: Order delivered on 15.01.2020 regarding…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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