Chaya Gupta RP of Greater Kailash Hospitals Pvt. Ltd. Vs Anil Bandi & Anr. (NCLT Indore)
The National Company Law Tribunal (NCLT), Indore Bench, considered an interlocutory application filed by the Resolution Professional (RP) of Greater Kailash Hospitals Pvt. Ltd. under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 11 of the NCLT Rules, 2016. The RP sought directions against the suspended directors of the corporate debtor alleging non-cooperation during the Corporate Insolvency Resolution Process (CIRP), failure to provide books of accounts, records, documents and data, and also sought initiation of penal action under Section 70 of the IBC.
The corporate debtor had been admitted into CIRP by order dated 30.07.2024. An Interim Resolution Professional was initially appointed and, by order dated 03.03.2025, the applicant was appointed as the Resolution Professional.
The RP submitted that after taking charge from the erstwhile RP, she made repeated written and verbal requests to the suspended directors for various documents and information required for conducting the CIRP. According to the RP, several requested documents were either not provided or only partially furnished despite repeated communications. The RP further alleged that the continued non-cooperation prevented preparation of a complete and accurate Information Memorandum and delayed discharge of statutory duties under the Code. The application detailed requests relating to land documents, statutory approvals, partnership records, shareholding details, loan agreements, balance sheet queries and financial records.
