Gopal Kalra Vs Akhilesh Kumar Gupta (NCLAT Delhi)
NCLAT Delhi held that direction of making contribution to the assets of Corporate Debtor upheld as person knowingly carried on the business of Corporate Debtor with intent to defraud creditors or for fraudulent purpose.
Facts- M/s Easytech Global Private Limited (Corporate Debtor) is a company incorporated in India. The Appellant- Mr. Gopal Kalra is the erstwhile Director of the CD. After a detailed review and analysis of the records of CD for the review period and field visits, the forensic auditors concluded that several unjustified unexplained and suspicious LED bulb trading transactions between the CD and the fake customers/ vendors were available on record which resulted in a loss of Rs. 4,66,55,553/- to the CD. As per the observations made by the forensic auditors, most of the entities/ parties with whom the aforesaid suspicious transactions were undertaken by the Appellant, as shown in the books of accounts, do not match and raised serious suspicion of illegal moving of money from the Corporate Debtor. Accordingly, it was held that Sh. Gopal Kalra/ Respondent No.1 (Appellant) is liable to contribute an amount of Rs. 3.18 crores to the assets/CIRP account of CD.
Conclusion- The provision of section 66(1) of the IBC empowers the Adjudicating Authority to direct a person who knowingly carried on the business of the Corporate Debtor with intent to defraud creditors or for a fraudulent purpose, to make a contribution to the assets of the Corporate Debtor, as it may deem fit.
