# In the matter of Map Refoils India Limited

> NCLT judgment dated 2024-01-17. Citation: TCN-2024-NCLT-03028. The case involves an application filed by the Resolution Professional (RP) of Map Refoils India…

- **Court:** NCLT
- **Order date:** 17 Jan 2024
- **Citation:** TCN-2024-NCLT-03028
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/map-refoils-india-limited-f5210106

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of Map Refoils India Limited under Section 19(2) read with Section 60 of the IB Code, 2016, seeking directions against the suspended Board of Management for non-cooperation. The RP claims to have taken all possible steps to ensure the Corporate Debtor functions as a going concern but faces difficulties due to the non-availability of data. The difficulties include verification of claims, preparation of information memorandum, identification of transactions, valuation of assets, and compliance with various laws.

## Facts

The Resolution Professional (RP) of Map Refoils India Limited filed an application under Section 19(2) of the IB Code, 2016, seeking directions against the suspended Board of Management for non-cooperation. The RP claims that the suspended management is not providing necessary information and documents, hindering the corporate insolvency resolution process. The RP faces difficulties in verifying claims, preparing an information memorandum, identifying transactions, valuing assets, and complying with various laws. The respondents claim to have provided all available documents and that the office of the corporate debtor is inaccessible to them. They also state that certain data is unavailable due to damage to a hard disk. The respondents undertook to provide the

…

## Issues and analysis

### Issue 1: Whether the suspended Board of Management is obligated to cooperate with the Resolution …

**Ratio:** Section 19 of the IBC, 2016, casts an obligation on the Ex-personnel of the Corporate

…

**Reasoning:** The court observes that Section 19 of the IBC, 2016, mandates cooperation from the

…

**Interpretation:** Section 19(2) of IBC, 2016 empowers the Resolution Professional to file an

…

**Application:** The court applies this principle to the present case, emphasizing that the

…

## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Vinod Ag…
- **Respondents:** Map Refoils India…; Mehulkumar…

## Timeline

- **N/A — Application…**: The Resolution Professional (RP) of Map Refoils India Limited filed an application under…
- **N/A — Respondents…**: The respondents filed their reply stating that they have provided all available documents…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

---

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-division-bench-court-i-chenn/map-refoils-india-limited-f5210106