Service of Record Management and Record Retrieval to the Resolution Professional are critical in nature – Ratan India Finance Pvt. Ltd Vs. M/s Cox & Kings Ltd. – NCLT Mumbai Bench

NCLT found that the refusal of the Respondent to deny access to the RP to the Business record of the Corporate Debtor is in contrary to Section 18 and 25 of the Code. The Bench notes that the business record of the Company is an indelible right of the Resolution Professional and a contractual duty of the Respondent which it has failed to perform. In view of this the Bench, the Bench is of the views and as pleaded by the Corporate Debtor that the Corporate is entitled for cost incurred by the Respondent under Section 235A of the Code.

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