# In the matter of Gupta Marriage Halls Pvt. Ltd. CA-871-2019 in IB-979-(ND)-2019

> NCLT judgment dated 2022-03-02. Citation: TCN-2022-NCLT-03929. The case involves non-compliance with a previous order dated 03.03.2020, where the…

- **Court:** NCLT
- **Order date:** 2 Mar 2022
- **Citation:** TCN-2022-NCLT-03929
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gupta-marriage-halls-pvt-ltd-ca-871-2019-in-ib-979-nd-2019-6f1ef49f

## Summary

### Background

The case involves non-compliance with a previous order dated 03.03.2020, where the ex-management of the Corporate Debtor was directed to provide tally data to the Resolution Professional (RP), now succeeded by the Liquidator. The Respondents (Nos. 1 & 2) failed to comply with this order even after two years. They claimed that the tally data was stolen when a macbook computer containing the data was stolen in January 2019, and a police complaint was filed on 04.01.2019. However, the balance sheet for the year ending 2018-19 was signed by the Ex-Director on 15.05.2019, contradicting their claim.

## Facts

Punjab National Bank initiated a corporate insolvency resolution process against Gupta Marriage Halls Pvt. Ltd. The ex-management of Gupta Marriage Halls Pvt. Ltd. was directed to provide tally data to the Resolution Professional (RP), who was later succeeded by the Liquidator. The ex-management failed to comply with this order for two years, claiming that the tally data was stolen in January 2019. However, the balance sheet for the year ending 2018-19 was signed by the Ex-Director on 15.05.2019, contradicting their claim. The Respondents (Nos. 1 & 2) are the ex-management of the Corporate Debtor. The Resolution Professional is yet to file its response to the directions given in the order dated 11.11.2020. The failure to provide the tally data and the contradictory

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## Issues and analysis

### Issue 1: Whether the ex-management of the Corporate Debtor complied with the order dated 03.03.2020 to …

**Ratio:** The principle of compliance with court orders and the obligation to cooperate with the

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**Reasoning:** The Tribunal observed that the ex-management failed to provide the tally data as directed

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**Interpretation:** This issue involves the interpretation of the duty to comply with judicial

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**Application:** The ex-management's failure to provide the tally data directly violates the

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## Parties

- **Judges:** BACHU VENKAT…; Narender Kumar…
- **Appellants:** Punjab National…
- **Respondents:** Gupta Marriage…; M/s. Gupta…

## Timeline

- **2020-03-03 — Previous…**: Ex-management directed to provide tally…
- **2019-01-01 — Alleged Dat…**: Respondents claim macbook…

## 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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