NCLAT set aside an order in which NCLT dismissing Sec. 19(2) of IBC (non-cooperation by suspended management) application imposed cost of Rs.25,000/- on the RP – Sanjai Kumar Gupta, RP of Stone India Ltd. Vs. Gouri Prasad Goenka – NCLAT New Delhi

This Appeal has been filed by Resolution Professional of the Corporate Debtor against the order dated 02.12.2022 passed by the NCLT, Kolkata Bench, Kolkata, by which IA filed by the RP under Section 19(2) of IBC has been dismissed as infructuous. The Adjudicating Authority has also imposed cost of Rs.25,000/- on the RP. NCLAT held that the prosecution under Section 236 is a different aspect from running a CIRP as per timeline prescribed in the IBC. The Adjudicating Authority passed several orders on IA(I.B.C.)/678(KB)2022, where Adjudicating Authority opined that Respondent No.1 is deliberately not cooperating with the RP and is not complying with the directions issued by the Adjudicating Authority. The Adjudicating Authority directed personal appearance of Respondent No.1 on 07.09.2022 and the same was again reiterated on 14.10.2022 when Adjudicating Authority noted the non-cooperation of Respondent No.1, then suddenly how the Application has been rendered infructuous and frivolous is not explained in the order dated 02.12.2022.

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If any Public depositor applies showing due of the debt claiming itself as operational creditor and the Resolution Professional or the Tribunal do not accept the claim on the ground that they are not financial creditor, we allow the appellant to raise the question before the Tribunal and if any adverse decision is given by the Tribunal, it will be open to the appellant to raise the issue before NCLAT- Hind Motors India Ltd. Vs. Adjudicating Authority NCLT, Chandigarh – NCLAT New Delhi

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