# In the matter of Laksh Foods Pvt. Ltd. (IB)-1181(ND02018

> NCLT judgment dated 2019-05-27. Citation: TCN-2019-NCLT-03186. The case involves Holy-Land Marketing Pvt. Ltd. V/s. Laksh Foods Pvt. Ltd. Notices were issued…

- **Court:** NCLT
- **Order date:** 27 May 2019
- **Citation:** TCN-2019-NCLT-03186
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/laksh-foods-pvt-ltd-ib-1181nd02018-58dd66cc

## Summary

### Background

The case involves Holy-Land Marketing Pvt. Ltd. V/s. Laksh Foods Pvt. Ltd. Notices were issued to the Ex-Directors, the company, and the Company Auditor, but they were returned undelivered from the Ex-Directors and the Company. The Statutory Auditor, Suresh Kumar Verma from Bansal Dalmia & Co., is not present despite service.

## Facts

The case involves Holy-Land Marketing Pvt. Ltd. V/s. Laksh Foods Pvt. Ltd. Notices were issued to the Ex-Directors, the company, and the Company Auditor, but they were returned undelivered from the Ex-Directors and the Company. Despite service, the Statutory Auditor, Suresh Kumar Verma from Bansal Dalmia & Co., is not present. The IRP submits that despite the claim having been taken into consideration, members of the COC are not cooperating. The court notes the disregard for the Bench's notice and the necessity to seek assistance from the statutory auditor. This suggests potential issues with compliance and cooperation from the involved parties, hindering the proceedings.

## Issues and analysis

### Issue 1: Whether the presence of the Statutory Auditor can be enforced given the disregard for the Bench's …

**Ratio:** The court has the authority to enforce the presence of individuals necessary for the

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**Reasoning:** The court notes that the Statutory Auditor's absence, despite service, indicates a

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**Interpretation:** The court interprets its power to include the ability to compel the attendance

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**Application:** Given the Statutory Auditor's absence and the disregard for the notice, the

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Appellants:** M/s. Holy-Land…
- **Respondents:** M/s. Laksh Foods…

## Timeline

- **2019-05-27 — Hearing…**: Hearing before the New Delhi Bench of…
- **2019-06-04 — Next Hearin…**: Next date of hearing; bailable…

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