# In the matter of Otto Projects Limited I.A.(IB) 255-KB-2021 in C.P. (IB) No. 1136-KB-2018

> NCLT judgment dated 2022-03-21. Citation: TCN-2022-NCLT-03628. The case involves an application under Section 19(2) of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 21 Mar 2022
- **Citation:** TCN-2022-NCLT-03628
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/otto-projects-limited-iaib-255-kb-2021-in-cp-ib-no-1136-kb-2018-2dc8bb9c

## Summary

### Background

The case involves an application under Section 19(2) of the Insolvency and Bankruptcy Code, 2016, filed by the Resolution Professional (RP) seeking directions from the NCLT to the suspended Directors and staff/management of the Corporate Debtor, Otto Projects Private Limited, to cooperate and provide information regarding assets, books, records, invoices, project plans, and related documents. The RP claims to have been threatened by individuals claiming to be employees of the Corporate Debtor and alleges non-cooperation from the suspended Board of Directors in completing the Corporate Insolvency Resolution Process (CIRP).

## Facts

Otto Projects Private Limited is undergoing Corporate Insolvency Resolution Process (CIRP). Sankar Kumar Patnaik is the Resolution Professional. The Resolution Professional filed an application under Section 19(2) of the Insolvency and Bankruptcy Code, 2016, seeking directions to the suspended Directors and staff of Otto Projects Private Limited to cooperate and provide necessary information. The Resolution Professional claims non-cooperation and threats from individuals claiming to be employees of the Corporate Debtor. The suspended Directors allegedly failed to provide documents and information required for the CIRP. There are disputes regarding the handover of documents and the possession of the registered office. The Liquidator claims that the Ex-Directors are not

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## Issues and analysis

### Issue 1: Whether the suspended Directors of the Corporate Debtor are obligated to cooperate with the …

**Ratio:** The suspended members of the Board of Directors are duty bound to provide all sorts of

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**Reasoning:** The court emphasizes the duty of the suspended Directors to assist the Liquidator in

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**Interpretation:** This legal principle establishes a clear obligation on the part of the

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**Application:** The court applies this principle to the specific facts by directing the

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** Sankar Kumar…
- **Respondents:** Otto Projects…; Muzzafar…
- **Advocates:** Jitendra P…; Nirmalya Da…; +3 more

## Timeline

- **2021-12-20 — Previous…**: The Adjudicating Authority passed orders…
- **2019-12-13 — Previous…**: The Adjudicating Authority passed an order where the erstwhile RP had admitted and…

## 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)

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