# In the matter of Ram Lal Kamal Raj Jewellers Pvt. Ltd.

> NCLT judgment dated 2023-11-09. Citation: TCN-2023-NCLT-00813. The application, I.A/2623/2022, was filed in the matter of Company Petition No. (IB) –…

- **Court:** NCLT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLT-00813
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ram-lal-kamal-raj-jewellers-pvt-ltd-9bb0e43f

## Summary

### Background

The application, I.A/2623/2022, was filed in the matter of Company Petition No. (IB) – 537/(ND)/2020 under Section 19(2) r/w Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The applicant, Sheetal Impex Private Limited, sought orders directing the respondents, Ram Lal Kamal Raj Jewellers Pvt. Ltd. and its directors, to provide information and documents necessary for the Corporate Insolvency Resolution Process (CIRP). The CIRP was initiated on 06.01.2022, and the applicant made a public announcement on 07.02.2022. The last date for submission of claims was 21.02.2022. The applicant intimated the respondents about the initiation of CIRP and requested requisite information. The respondents, being directors of the corporate debtor, were responsible for its

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## Facts

The Corporate Insolvency Resolution Process (CIRP) of Ram Lal Kamal Raj Jewellers Pvt. Ltd. was initiated on 06.01.2022. Sheetal Impex Private Limited, the applicant, made a public announcement on 07.02.2022, setting 21.02.2022 as the last date for claim submissions. The applicant notified Kavita Saigal and Rajesh Kamal Saigal, the directors of the corporate debtor, about the CIRP initiation and requested information. The erstwhile Interim Resolution Professional (IRP) formed a Committee of Creditors (CoC) and held meetings where the applicant informed members about the lack of cooperation from the respondents and the absence of assets. The IRP was later replaced by the applicant as the Resolution Professional (RP). The respondents' continuous absence and failure to

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## Issues and analysis

### Issue 1: Whether the Respondents are obligated to provide information and documents as sought by the …

**Ratio:** Section 19(1) of the Insolvency and Bankruptcy Code, 2016 mandates that all personnel

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**Reasoning:** The court reasoned that the Respondents, being the Directors of the Corporate Debtor, are

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**Interpretation:** Section 19(1) is interpreted to impose a mandatory obligation on the management

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**Application:** In this case, the Respondents, as Directors of the Corporate Debtor, were

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## Parties

- **Judges:** SHRI. BACHU…; RAHUL BHA…
- **Appellants:** M/S. SHEETAL…
- **Respondents:** Ram Lal Kamal Raj…; M/S. RAM LAL…
- **Advocates:** Aditya…

## Timeline

- **2022-01-06 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) initiated for Ram Lal Kamal Raj Jewellers…
- **2022-02-07 — Public Annou…**: Sheetal Impex Private Limited made…

## 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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