# In the matter of Mothers Pride Education Institution Pvt. Ltd.

> NCLT judgment dated 2023-07-12. Citation: TCN-2023-NCLT-02562. The case involves a contempt petition filed by the petitioner alleging infringement of a prior…

- **Court:** NCLT
- **Order date:** 12 Jul 2023
- **Citation:** TCN-2023-NCLT-02562
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mothers-pride-education-institution-pvt-ltd-6a8bed67

## Summary

### Background

The case involves a contempt petition filed by the petitioner alleging infringement of a prior order. The Corporate Debtor, Mothers Pride Education Institution Pvt. Ltd., was admitted to CIRP (Corporate Insolvency Resolution Process) based on an order dated 2022-10-11. Subsequently, the IRP (Interim Resolution Professional) filed IA-5966/2022 under Section 19(2) of the IBC, seeking directions to the respondents to provide information and documents. The IRP/RP was expected to be vigilant regarding his duties under Sections 17&18 of IBC, 2016 after the order in IA-5966/2022 was passed on 2022-12-09.

## Facts

Mothers Pride Education Institution Pvt. Ltd. was admitted into CIRP based on an order dated 2022-10-11. Following this, the IRP/RP filed IA-5966/2022 under Section 19(2) of the IBC, seeking directions to Respondents No. 1 to 4 to provide information and documents as requested by the Applicant under Para 32 of the application, and specifically directing Respondent No. 1 to provide information, including the residential address and email address, of Respondent No. 2. The order in IA-5966/2022 was passed on 2022-12-09. The present contempt petition was filed by the Petitioner alleging infringement of the said order. The IRP/RP did not act upon the order passed by the Adjudicating Authority, and the court noted that the IRP/RP should have moved an application under

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## Issues and analysis

### Issue 1: Whether the Respondents No. 1 to 4 should be directed to provide all information and documents as …

**Ratio:** The legal principle applied is the duty of the respondents to cooperate with the IRP/RP

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**Reasoning:** The court reasoned that providing the information and documents is essential for the

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**Interpretation:** This issue involves the interpretation of the IBC provisions related to the

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**Application:** The court applied this principle by directing Respondents No. 1 to 4 to provide

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** Yes Bank L…
- **Respondents:** Mothers Pride…

## Timeline

- **2022-10-11 — Admission t…**: Mothers Pride Education Institution…
- **2022-12-09 — Order in IA-5…**: Order passed in IA-5966/2022, directing…

## 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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