# In the matter of YMS Mobitech Pvt. Ltd. & Ors. CA No. 85-2018 IN CP No. (IB)-127-ALD-2017

> NCLT judgment dated 2018-05-08. Citation: TCN-2018-NCLT-01444. The case involves Prabhajit Singh Soni, the Resolution Professional for YMS Mobitech Pvt Ltd,…

- **Court:** NCLT
- **Order date:** 8 May 2018
- **Citation:** TCN-2018-NCLT-01444
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/yms-mobitech-pvt-ltd-ors-ca-no-85-2018-in-cp-no-ib-127-ald-2017-e13f4d4e

## Summary

### Background

The case involves Prabhajit Singh Soni, the Resolution Professional for YMS Mobitech Pvt Ltd, against YMS Mobitech Pvt Ltd & ors. The Resolution Professional filed CA NO.85/2018 seeking directions against A.K. Communications, an Operational Creditor, and Mr. Anil Gupta, regarding the assets of the Corporate Debtor Company. The Resolution Professional was tasked with carrying out necessary activities and formalities in accordance with the law. The Resolution Professional had written to A.K. Communications on November 15, 2017, for the return of the company's property, but no further correspondence was annexed.

## Facts

Prabhajit Singh Soni is the Resolution Professional (RP) for YMS Mobitech Pvt Ltd. The RP filed CA NO.85/2018 seeking directions against A.K. Communications, an Operational Creditor, and Mr. Anil Gupta, concerning the assets of the Corporate Debtor Company. The RP had written to A.K. Communications on November 15, 2017, requesting the return of the company's property. No further correspondence was annexed to the application. The court directed the RP to submit all correspondence and to make genuine efforts to recover assets, while also directing A.K. Communication to cooperate fully. The case was then disposed of. The key facts are the RP's application for directions, the lack of correspondence, and the court's subsequent orders to both the RP and the Operational

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## Issues and analysis

### Issue 1: Whether the Resolution Professional should be directed to submit all correspondence related to the …

**Ratio:** The court has the power to direct parties to provide information and documentation

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**Reasoning:** The court reasoned that submitting all correspondence would provide a clear record of

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**Interpretation:** This interpretation emphasizes the court's role in overseeing the insolvency

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**Application:** The court applied this principle by directing the Resolution Professional to

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## Parties

- **Judges:** Saroj Ra…; V. P. S…
- **Appellants:** Prabhajit Singh…
- **Respondents:** YMS MOBITECH PVT…

## Timeline

- **2017-11-15 — Letter to A.K.…**: Resolution Professional wrote a letter to A.K. Communications for returning the property…
- **2018-05-08 — Hearing…**: Attendance-cum-order sheet of the hearing of Allahabad Bench of the National Company Law…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/yms-mobitech-pvt-ltd-ors-ca-no-85-2018-in-cp-no-ib-127-ald-2017-e13f4d4e