# In the matter of Orange Medicare and Research Centre Private Limited IA No. 2341-2022 in CP (IB) 76-2021

> NCLT judgment dated 2023-03-24. Citation: TCN-2023-NCLT-04069. The case involves an application filed by the Resolution Professional of Orange Medicare and…

- **Court:** NCLT
- **Order date:** 24 Mar 2023
- **Citation:** TCN-2023-NCLT-04069
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/orange-medicare-and-research-centre-private-limited-ia-no-2341-2022-in-cp-ib-76-1528ea89

## Summary

### Background

The case involves an application filed by the Resolution Professional of Orange Medicare and Research Centre Private Limited (Corporate Debtor) seeking cooperation from the suspended board members (R1 & R2), statutory auditor (R3), and company secretary (R4) for providing information and documents pertaining to the Corporate Debtor. The applicant claims to have sent emails to the suspended board requesting information, but most of it remains pending. The applicant also sought assistance from police officials to take control and custody of the Corporate Debtor's assets.

## Facts

The Resolution Professional of Orange Medicare and Research Centre Private Limited filed an application seeking cooperation from the suspended board members, statutory auditor, and company secretary to provide information and documents related to the Corporate Debtor. The Resolution Professional sent emails to the suspended board between 2020-03-12 and 2020-07-19, requesting information, but most of it remained pending. The Resolution Professional also sought police assistance to take control of the Corporate Debtor's assets. The suspended directors claimed they provided available information and that the Resolution Professional's possession-taking was flawed. The court found that the suspended directors were consciously withholding statutory records and books of

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## Issues and analysis

### Issue 1: Whether the suspended directors are obligated to provide the Resolution Professional with the …

**Ratio:** The Resolution Professional is entitled to receive all necessary information and

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**Reasoning:** The court found that the suspended directors were consciously not providing the statutory

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**Interpretation:** The Insolvency and Bankruptcy Code mandates cooperation from all parties

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**Application:** The court directed the suspended directors to cooperate with the Resolution

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Udayraj Pat…
- **Respondents:** Orange Medicare…; Sameer M.…

## Timeline

- **2020-03-12 — Emails sent to…**: The Applicant sent emails from 12.03.2020 to 19.07.2020 to the Suspended Board and asked…
- **2020-07-19 — Emails sent to…**: The Applicant sent emails from 12.03.2020 to 19.07.2020 to the Suspended Board and asked…

## 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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