# In the matter of Empee Distilleries Limited IA-525-IB-2020 in CP-280-IB-2018

> NCLT judgment dated 2022-06-10. Citation: TCN-2022-NCLT-02270. The application IA/525/IB/2020 was filed in CP/280/IB/2018 under sections 70, 74, and 60(5) of…

- **Court:** NCLT
- **Order date:** 10 Jun 2022
- **Citation:** TCN-2022-NCLT-02270
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/empee-distilleries-limited-ia-525-ib-2020-in-cp-280-ib-2018-7e5ae08d

## Summary

### Background

The application IA/525/IB/2020 was filed in CP/280/IB/2018 under sections 70, 74, and 60(5) of the Insolvency and Bankruptcy Code, 2016, read with the National Company Law Tribunal Rules, 2016. The Resolution Professional and Head - Monitoring Committee of the implementation of the Resolution Plan of M/s. Empee Distilleries Limited (Corporate Debtor) sought reliefs to direct Respondents 1 to 4 to hand over items mentioned in Annexure XI belonging to the corporate debtor, or alternatively, to permit the applicant to break open, enter, and take possession of all items mentioned in Annexure XI with police assistance.

## Facts

Union Bank of India filed a petition under section 7 of the Code, 2016, against M/s. Empee Distilleries Limited (Corporate Debtor). The Corporate Debtor was put under CIRP vide order dated 01.11.2018. An Interim Resolution Professional was appointed to manage the affairs of the Corporate Debtor. The applicant was appointed as Resolution Professional of the Corporate Debtor by the Committee of Creditors (COC) in its meeting held on 27.11.2018, which was approved by the Tribunal on 13.12.2018. The Resolution Professional took steps to take control over the assets and management of the Corporate Debtor. Respondent Nos. 1 to 4 initially refused to meet the RP and did not cooperate. An application under section 19(5) of the Code was filed for directions to the former

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## Issues and analysis

### Issue 1: Whether the Respondents 1 to 4 should be directed to hand over all items mentioned in Annexure XI …

**Ratio:** The ratio is based on the principle that the Resolution Professional has the right to

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**Reasoning:** The court reasoned that the Respondents 1 to 4 were not cooperating in handing over the

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**Interpretation:** This issue involves the interpretation of the powers and duties of the

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**Application:** Given the non-cooperation of the Respondents, the court applied the ratio by

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## Parties

- **Judges:** (Retd.) S.…; Anil Ku…
- **Appellants:** S. Rajendran,…
- **Respondents:** Empee Distilleries…; Shaji Purushothama…

## Timeline

- **2018-11-01 — CIRP Init…**: Corporate Debtor was put under CIRP vide order dated 01.11.2018 of this Tribunal passed…
- **2018-11-27 — COC Meet…**: Meeting of the Committee of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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