# In the matter of GVR Infra Project Ltd.

> NCLT judgment dated 2019-07-17. Citation: TCN-2019-NCLT-02462. The Resolution Professional (RP) filed an application seeking cooperation from the Associate…

- **Court:** NCLT
- **Order date:** 17 Jul 2019
- **Citation:** TCN-2019-NCLT-02462
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gvr-infra-project-ltd-180b0e52

## Summary

### Background

The Resolution Professional (RP) filed an application seeking cooperation from the Associate Vice President - Finance (R2), who controls the company's finances. The Bench had directed the Respondent counsel to produce documents requested by the RP, but they were not produced. The Bench believes the Respondent is not cooperating with the RP.

## Facts

The Resolution Professional (RP) sought cooperation from the Associate Vice President - Finance (R2) of the company, as R2 controls the finances. The RP requested certain documents, but the Respondent counsel failed to produce them despite the Bench's direction. The court noted the lack of cooperation and directed R2 to provide the documents within 10 days, or face intervention from the District Collector of Chennai. The CoC's failure to decide on resolution or liquidation within the CIRP period was also noted.

## Issues and analysis

### Issue 1: Whether the Associate Vice President - Finance (R2) should be compelled to cooperate with the …

**Ratio:** Section 19(2) of the IBC r/w 429 of the Companies Act, 2013, contemplates the duties and

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**Reasoning:** The court reasoned that the Respondent's failure to produce the documents hindered the

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**Interpretation:** The legal issue revolves around the interpretation of the duties and

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**Application:** The court applied the principle of cooperation to the specific facts, directing

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## Parties

- **Judges:** B.S.V. Prakash…
- **Appellants:** VANDANA…
- **Respondents:** GVR INFRA PROJECT…

## Timeline

- **2019-07-17 — Hearing…**: Hearing held at 10.30…

## 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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