# In the matter of Toshniwal Enterprises Controls Ltd. CP(IB)No. 1175-KB-2019

> NCLT judgment dated 2020-03-05. Citation: TCN-2020-NCLT-01622. The case involves Outlook Tracom Pvt. Ltd. versus Toshniwal Enterprises Controls Ltd. before…

- **Court:** NCLT
- **Order date:** 5 Mar 2020
- **Citation:** TCN-2020-NCLT-01622
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/toshniwal-enterprises-controls-ltd-cpibno-1175-kb-2019-c6e67849

## Summary

### Background

The case involves Outlook Tracom Pvt. Ltd. versus Toshniwal Enterprises Controls Ltd. before the National Company Law Tribunal (NCLT), Kolkata Bench. The hearing concerns a corporate insolvency resolution process under Section 7 of the IBC. The Resolution Professional (RP) appeared with counsel. The suspended director of the Corporate Debtor, Rajesh Toshniwal, also appeared in person. The court was not satisfied with the submissions of the suspended director and granted another opportunity to cooperate with the RP by providing necessary documents.

## Facts

Outlook Tracom Pvt. Ltd. initiated a case against Toshniwal Enterprises Controls Ltd. under Section 7 of the Insolvency and Bankruptcy Code (IBC). The Resolution Professional (RP) and the suspended director of the Corporate Debtor, Rajesh Toshniwal, appeared before the NCLT Kolkata bench. The court expressed dissatisfaction with the submissions of the suspended director regarding the provision of necessary documents. The court granted another opportunity for the suspended director to cooperate with the RP and directed a joint visit to the Corporate Debtor's office to inventory available documents. The Muchipara Police Station had seized laptops of the Directors and employees of the Corporate Debtor in connection with a case u/s 138 of the Negotiable Instrument Act,

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## Issues and analysis

### Issue 1: Whether the suspended director of the Corporate Debtor is cooperating adequately with the …

**Ratio:** The principle of cooperation and transparency is crucial in insolvency proceedings to

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**Reasoning:** The court found the submissions of the suspended director unsatisfactory, indicating a

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**Interpretation:** The legal framework emphasizes the duty of the corporate debtor's management to

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**Application:** The court's directive for a joint visit to inventory documents and the order

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Appellants:** Outlook Tracom…
- **Respondents:** Toshniwal…

## Timeline

- **2020-03-05 — Hearing…**: Hearing held on March 5, 2020, at 10:30 A.M. where the Resolution Professional (RP) and…
- **2020-04-21 — Next Hearin…**: The matter is listed for further…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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