Judgment · High Court · 2019
Judgment
1E.P.Nos.20 of 1996 and 193 and 194 of 2004andC.S.No.1338 of 1992R.SUBRAMANIAN,J.The learned counsel for the 5th respondent would submit that the balance sheet relating to Judgment debtors company that has been filed before the NCLT has been filed by the Chartered Accountants of the Company by name M/s.Anil Nair & Associates.
The learned counsel for the Resolution Professional M/s.Green Garden Pvt., Ltd., would submit that there were several discrepancies in the documents filed before the NCLT and the documents available with the Ministry of Corporate Affairs.
In order to ascertain the sanctity of the documents, I direct the Registry to issue notice to the Chartered Accountant viz., M/s.Anil Nair & Associates, Casablanca, 11 Casa Major Roadm Chennai – 08 requiring them to file affidavit listing out the documents that were furnished by them to the 5th respondent herein Mrs. Bharathi w/o. Papaiah by 29.04.2019. http://www.judis.nic.in
Notice to be issued forthwith. 5. The learned counsel for the Resolution Professional M/s. Green Garden Pvt., Ltd., is also required to file copy of the affidavit filed by him before the NCLT pointing out the discrepancies in the documents that are furnished. 6. The 4th respondent Mr.Manohar Prasad in his counter affidavit filed in A.No.6897 of 2018 dated 6th March 2019 has stated as follows:-
I am a shareholder of Gemini Arts Pvt. Ltd. and Green Gardens Pvt. Ltd. I was a director of both companies. However, since I was adjudged insolvent on 28.09.2015, I could not thereafter participate as a director of these companies. I have withdrawn from the affairs of these companies and all current matters are being dealt with by other directors.
7. But the documents produced in the form of typed set http://www.judis.nic.in 3would show that he as signed as Director of the Companies in question after 28.09.2015. He is therefore required to file an affidavit explaining his conduct by 22.04.2019.16.04.2019dsa http://www.judis.nic.in 4R.SUBRAMANIAN,J.dsaE.P.Nos.20 of 1996 and 193 and 194 of 2004andC.S.No.1338 of 199216.04.2019
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