# In the matter of Tiffins Barytes Asbestos & Pains Ltd. MA-512-2018 in CP-39-IB-2018

> NCLT judgment dated 2018-10-10. Citation: TCN-2018-NCLT-00613. The Resolution Professional (RP) filed an application stating the need for protection from the…

- **Court:** NCLT
- **Order date:** 10 Oct 2018
- **Citation:** TCN-2018-NCLT-00613
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tiffins-barytes-asbestos-pains-ltd-ma-512-2018-in-cp-39-ib-2018-04666b39

## Summary

### Background

The Resolution Professional (RP) filed an application stating the need for protection from the Central Industrial Security Force (CISF) to conduct a survey of the mine belonging to the Corporate Debtor, M/s. Tiffins Barytes Asbestos & Pains Limited, located in Vemula Village and Mandal, YSR District, Andhra Pradesh. The survey would be conducted with the help of an authorized surveyor appointed by the applicant, along with his men and representatives, and the applicant would bear the expenditure.

## Facts

The Resolution Professional (RP), Vasudevan, sought protection from the Central Industrial Security Force (CISF) to conduct a survey of the mine belonging to the Corporate Debtor, M/s. Tiffins Barytes Asbestos & Pains Limited, situated in Vemula Village and Mandal, YSR District, Andhra Pradesh. The RP intended to use an authorized surveyor, along with his team, for the survey. The RP stated he would bear the expenses. The court heard the counsel for the applicant and reviewed the application, finding the reasons for seeking CISF protection to be genuine. This is relevant because the RP needs to safely assess the assets of the corporate debtor during the insolvency resolution process.

## Issues and analysis

### Issue 1: Whether the Resolution Professional is entitled to protection from the Central Industrial Security …

**Ratio:** Regulation 30 of the Insolvency and Bankruptcy Board (Insolvency Resolution Process for

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**Reasoning:** The court found the reasons provided by the Resolution Professional for seeking CISF

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**Interpretation:** Regulation 30 allows the court to ensure the smooth and effective conduct of

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**Application:** The court applied Regulation 30 to the facts of the case, recognizing the need

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Respondents:** Tiffin barytes…
- **Advocates:** K. Mo…

## Timeline

- **2018-10-10 — Hearing…**: Hearing of Chennai Bench, Chennai National…
- **2018-01-01 — Application…**: RP filed an application for CISF protection to conduct a survey of the Corporate Debtor's…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(2) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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