# In the matter of Maruthi Tubes Pvt. Ltd. IA (IBC) 1318-2022 in CP (IB) No.15-9-HDB-2021

> NCLT judgment dated 2023-03-16. Citation: TCN-2023-NCLT-04221. The case involves an application filed by the Liquidator of Maruthi Tubes Private Limited…

- **Court:** NCLT
- **Order date:** 16 Mar 2023
- **Citation:** TCN-2023-NCLT-04221
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/maruthi-tubes-pvt-ltd-ia-ibc-1318-2022-in-cp-ib-no15-9-hdb-2021-99e08a76

## Summary

### Background

The case involves an application filed by the Liquidator of Maruthi Tubes Private Limited seeking directions to the Directors (Suspended Board) to extend assistance and cooperation to the Liquidator. The Liquidator claims that despite repeated requests, the Respondent has not furnished the required information and has not cooperated, hindering the liquidation process within the fixed timeframe. The Liquidator also contends that the Directors were non-cooperative even during the CIRP.

## Facts

The Liquidator of Maruthi Tubes Private Limited filed an application seeking directions from the Directors (Suspended Board) to provide assistance and cooperation. The Liquidator alleges that despite repeated requests, the Respondent has not furnished the necessary information and has been uncooperative, hindering the liquidation process. The Directors were allegedly non-cooperative even during the Corporate Insolvency Resolution Process (CIRP). The Applicant communicated the commencement of the liquidation process to the Suspended Directors numerous times, but the Respondents neither responded nor provided the documents (23 items) as sought for by the Liquidator as detailed in Table-A page 11 of the Application as well as Books of Accounts, Tally Data and Estimates of

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## Issues and analysis

### Issue 1: Whether the Directors (Suspended Board) of Maruthi Tubes Private Limited are obligated to provide …

**Ratio:** Section 34(3) of the IBC and Regulation 9 of the IBBI (Liquidation Process) Regulations

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**Reasoning:** The court reasoned that the information sought by the Liquidator is essential for

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**Interpretation:** Section 34(3) and Regulation 9 are interpreted to mean that the personnel of

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**Application:** The court applied the ratio to the facts by directing the Suspended Management

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. CHARAN…
- **Appellants:** Dugar Polymers…
- **Respondents:** Maruthi Tubes Pvt…

## Timeline

- **2022-12-22 — Respondents Set…**: The Respondents were set ex-parte as none appeared for the Respondents. Proof of service…
- **2022-09-29 — Liquidator's Ap…**: The Liquidator filed an application seeking directions to the Directors (Suspended Board)…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 34(3) — Appointment of liquidator and fee to be paid](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-34)

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