# In the matter of Kolkata Conductor & Cable Private Limited Misc. Appl. (IB) No. 1444-KB-2019 in CP (IB) No. 145-KB-2018

> NCLT judgment dated 2022-06-10. Citation: TCN-2022-NCLT-04668. The case involves a Miscellaneous Application filed by Suman Kumar Agarwal, the Liquidator of…

- **Court:** NCLT
- **Order date:** 10 Jun 2022
- **Citation:** TCN-2022-NCLT-04668
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/kolkata-conductor-cable-private-limited-misc-appl-ib-no-1444-kb-2019-in-cp-ib-no-d7c9c71c

## Summary

### Background

The case involves a Miscellaneous Application filed by Suman Kumar Agarwal, the Liquidator of Kolkata Conductor & Cable Private Limited, under Section 19(2) read with Section 34(3) of the Insolvency and Bankruptcy Code, 2016. The application seeks various directions against the Corporate Debtor, its directors, the Registrar of Companies, and the Oriental Bank of Commerce.

## Facts

Suman Kumar Agarwal was appointed as the Liquidator of Kolkata Conductor & Cable Private Limited by an order dated 12 March, 2019.

The Liquidator made a public announcement inviting claims from stakeholders as per Section 33(1)(b)(ii) of the Insolvency and Bankruptcy Code, 2016.

The Liquidator was denied access to the registered office of the Corporate Debtor and had to paste a notice on the door.

The Liquidator received only one claim from Oriental Bank of Commerce for Rs. 24,57,73,317.32.

The Liquidator found the plant of the Corporate Debtor in a dilapidated condition with only some steel scrap and a security guard present.

The bank failed to provide details of the fixed assets and there was non-cooperation from the respondents.

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## Issues and analysis

### Issue 1: Whether the directors of the Corporate Debtor are cooperating with the Liquidator in the …

**Ratio:** Section 19(2) read with section 34 (3) of

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**Reasoning:** The court observed that there has been no co-operation from the directors despite

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**Interpretation:** The directors have a legal obligation to cooperate with the Liquidator and

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**Application:** The court directed the police authorities to produce the directors in court and

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Suman Kumar…
- **Respondents:** Kolkata Conductor…; Manoj Kumar…; +3 more
- **Other parties:** Oriental Bank of…
- **Advocates:** Tanvi Luha…; Madhuja B…; +2 more

## Timeline

- **2019-03-12 — Appointment of…**: The Adjudicating Authority appointed Suman Kumar Agarwal as the Liquidator of Kolkata…
- **2019-04-26 — MGT 14 f…**: Respondent No.4 to take off its records…

## 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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