BEFORE THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI BENCH VI

IA NO. OF 2024
IN
COMPANY PETITION NO. (IB) 2340/ND/ 2019

IN THE MATTER OF:

POOJA FINELEASE LIMITED
…FINANCIAL CREDITOR

VERSUS

M/s AUTO NEEDS (INDIA) PRIVATE LIMITED

…. CORPORATE DEBTOR

AND IN THE MATTER OF:

MS. RASHMI MINTRI
RESOLUTION PROFESSIONAL
FOR AUTO NEEDS (INDIA) PRIVATE LIMITED
(REGN NO. IBBI/IPA-001/IP-P00708/2017-2018/11185)
…. APPLICANT
VERSUS
VIVECK GOEL AND ORS.
…RESPONDENTS
INDEX
Sl. No. Particulars Page
1. Memo of Parties
2. APPLICATION ON BEHALF OF THE
RESOLUTION PROFESSIONAL UNDER
SECTION 19(2) OF THE INSOLVENCY AND
BANKRUPTCY CODE, 2016, SEEKING
DIRECTIONS AGAINST THE DIRECTORS AND
THE AUDITOR OF THE CORPORATE DEBTOR
FOR COMPLETE NON-COOPERATION WITH
THE RESOLUTION PROFESSIONAL IN
CONDUCTING THE CORPORATE INSOLVENCY
RESOLUTION PROCESS OF THE CORPORATE
DEBTOR, ALONG WITH AFFIDAVIT
3. ANNEXURE A-1
The Copy of order of the Hon’ble Adjudicating
Authority dated May 14, 2024.
4. ANNEXURE A-2
The Copy of the email dated 16.05.2024 sent by
the Court Officer to the Applicant
5. ANNEXURE A-3
The Copy of the email dated 20.05.2024 sent by
the Applicant to the Directors (Power
Suspended) of the Corporate Debtor, to
6. ANNEXURE A-4
The Copy of the Public Announcement made on
21.05.2024
7. ANNEXURE A-5
The Copy of the email dated 22.05.2024 sent by
the Applicant to the Directors (Power
Suspended) of the Corporate Debtor seeking
preliminary information
8. ANNEXURE A-6
The True Copy of Speed Post along with the
tracking reports
9. ANNEXURE A-7
The Copy of the email dated 23.05.2024 sent by
the Applicant to the Directors (Power
Suspended) of the Corporate Debtor seeking
documents/ details/ information/records
10. ANNEXURE A-8
The Copy of the email dated 27.05.2024 sent by
the Applicant to the Directors (Power
Suspended) of the Corporate Debtor seeking
documents/ details/ information/records
11. ANNEXURE A-9
The Copy of the Whatsapp message sent to the
Director (Power Suspended), Sh. Viveck Goel
(Respondent No.1) on 27/05/2024
12. ANNEXURE A-10
The True Copy of the Speed Post bearing
consignment numbers ED675732473IN and
ED675732460IN respectively along with its
tracking report
13. ANNEXURE A-11
The True Copy of the email dated 30.05.2024
sent by the Director to the Applicant
14. ANNEXURE A-12
The True Copy of the email dated 30.05.2024
sent by the Applicant to the Director
15. ANNEXURE A-13
The True Copy of screenshot of the Whatsapp
message dated 30.05.2024 sent by the Applicant
to the Director
16. ANNEXURE A-14
The True Copy of the Speed Post bearing
consignment no. ED675746044IN along with
tracking report
17. ANNEXURE A-15
The True Copy of the email dated 01.06.2024
sent to the Directors by the Applicant
18. ANNEXURE A-16
The True Copy of the email dated 03.06.2024
sent to the Directors by the Applicant
19. ANNEXURE A-17
The True Copy of the Trail mails dated
03.06.2024, 04.06.2024, 07.06.2024,
14.06.2024, 15.06.2024, 18.06.2024 and
26.06.2024 sent by the Applicant to the
Respondents
20. ANNEXURE A-18
The True Copy of the mail dated 14.06.2024 sent
by the Applicant to the Respondents with respect
to Notice & Agenda for the first CoC Meeting
21. ANNEXURE A-19
The True Copy of the mail dated 15.06.2024 sent
by the Applicant to the Respondents
22. ANNEXURE A-20
The True Copy of the reminder mail dated
19.06.2024 sent by the Applicant to the
Respondents
23. ANNEXURE A-21
The True Copy of the 1st CoC minutes dated
19.06.2024
24. ANNEXURE A-22
The True Copy of the mail dated 21.06.2024 sent
by the Applicant to the Respondents, sharing the
Minutes of the First Meeting of COC
25. ANNEXURE A-23
The True Copy of the mail dated 29.06.2024 sent
by the Applicant to the Respondents, sharing the
voting results of the First Meeting of COC
26. ANNEXURE A-24
The True Copy of the order dated 15.07.2024
passed by this Hon’ble Tribunal appointing IRP
as RP
27. ANNEXURE A-25
The True Copy of the Email dated 10.06.2024
sent by the Applicant to the Respondent No.1
being the Proprietor of Auto Needs Gurgaon
28. ANNEXURE A-26
The True Copy of the Speed-post consignment
no. ED632405445IN along with the tracking
report
29. ANNEXURE A-27
The True Copy of the Email dated 10.06.2024
sent by the Applicant to ‘M/s Aristo Motors
Private Limited’
30. ANNEXURE A-28
 The True Copy of the speed-post consignment
no. ED632405428IN along with the tracking
report
31. ANNEXURE A-29
The True Copy of the Email dated 10.06.2024
sent by the Applicant to ‘M/s V Go Motor Private
Limited’
32. ANNEXURE A-30
The True Copy of the speed-post consignment
no. ED632405431IN along with the tracking
report
33. ANNEXURE A-31
The True Copy of the Email dated 15.06.2024
sent by the Applicant to the Directors of M/s
Radiance Infraprojects Private Limited
34. ANNEXURE A-32
The True Copy of the speed-post consignment
no. ED632405459IN along with the tracking
report
35. ANNEXURE A-33
The True Copy of the Audited Financial
Statements for the Financial Year 2018-19
36. ANNEXURE A-34
The True Copy of the mails communicated
between the Applicant and the Statutory
Auditors
37. Proof of Service
38. Vakalatnama

Rashmi Mintri
Resolution Professional
Auto Needs (India) Private Limited (under CIRP)
 IP Regn. No.: IBBI/IPA-001/IP-P00708/2017-2018/11185
Address: JD-18B, Near Ashiana Chowk, Pitampura-110034
E-mail Id: cirp.anipl2024@[Link]

FILED THROUGH:

Riya Thomas
Counsel for the Applicant
145, 3rd floor, Pocket 9, Sector 23, Rohini -110085
Mob: +91-9810522667
E-mail: [Link]@[Link]
Date: 27.07.2024
Place: New Delhi
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH VI
IA NO. OF 2024
IN
COMPANY PETITION NO. (IB) 2340/ND/ 2019

IN THE MATTER OF:

POOJA FINELEASE LIMITED
…FINANCIAL CREDITOR

VERSUS

M/s AUTO NEEDS (INDIA) PRIVATE LIMITED

…. CORPORATE DEBTOR

AND IN THE MATTER OF:

MS. RASHMI MINTRI
RESOLUTION PROFESSIONAL
FOR AUTO NEEDS (INDIA) PRIVATE LIMITED
(REGN NO. IBBI/IPA-001/IP-P00708/2017-2018/11185)
…. APPLICANT
VERSUS
VIVECK GOEL AND ORS.
…RESPONDENTS

MEMO OF PARTIES

Ms. RASHMI MINTRI

Resolution Professional
Auto Needs (India) Private Limited
IP Reg. No.: IBBI/IPA-001/IP-P00708/2017-2018/11185
Address: JD-18B, Near Ashiana Chowk, Pitampura-110034
E-mail Id: cirp.anipl2024@[Link]
…APPLICANT
VERSUS
Mr. Viveck Goel
S/o Late Sh. Mool Chand Goel
R/o House No.76, Sector-15,
Part I, Gurgaon, Haryana-122001
Email ID: viveckgoel@[Link]
…RESPONDENT NO.1

Mrs. Anju Goel

W/o Mr. Vivek Goel
R/o House No.76, Sector-15,
Part I, Gurgaon, Haryana-122001
Email ID: viveckgoel@[Link]
…RESPONDENT NO.2

Mr. Tushar Mohan

Proprietor: Tushar Mohan & Associates
Add: 196-A, Tarachand Complex,
Ramesh Market, Delhi-110065.
Email: catusharmohan@[Link]
Contact No.:9899982301
…RESPONDENT NO.3

Rashmi Mintri
Resolution Professional
Auto Needs (India) Private Limited (under CIRP)
IP Regn. No.: IBBI/IPA-001/IP-P00708/2017-2018/11185
Address: JD-18B, Near Ashiana Chowk, Pitampura-110034
E-mail Id: cirp.anipl2024@[Link]

FILED THROUGH:

Riya Thomas
Counsel for the Applicant
145, 3rd floor, Pocket 9, Sector 23, Rohini -110085
Date: 27.06.2024 Mob: +91-9810522667
Place: New Delhi E-mail: [Link]@[Link]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH VI
IA NO. OF 2024
IN
COMPANY PETITION NO. (IB) 2340/ND/ 2019

IN THE MATTER OF:

POOJA FINELEASE LIMITED
…FINANCIAL CREDITOR

VERSUS

M/s AUTO NEEDS (INDIA) PRIVATE LIMITED

…. CORPORATE DEBTOR

AND IN THE MATTER OF:

MS. RASHMI MINTRI
INTERIM RESOLUTION PROFESSIONAL
FOR AUTO NEEDS (INDIA) PRIVATE LIMITED
(REGN NO. IBBI/IPA-001/IP-P00708/2017-2018/11185)
…. APPLICANT
VERSUS
VIVECK GOEL AND ORS.
…RESPONDENTS

APPLICATION ON BEHALF OF THE RESOLUTION PROFESSIONAL

UNDER SECTION 19(2) OF THE INSOLVENCY AND BANKRUPTCY

CODE, 2016, SEEKING DIRECTIONS AGAINST THE DIRECTORS AND

THE AUDITOR OF THE CORPORATE DEBTOR FOR COMPLETE NON-

COOPERATION WITH THE RESOLUTION PROFESSIONAL IN

CONDUCTING THE CORPORATE INSOLVENCY RESOLUTION

PROCESS OF THE CORPORATE DEBTOR, ALONG WITH AFFIDAVIT

MOST RESPECTFULLY SHOWETH:

1. That the Hon’ble National Company Law Tribunal, New Delhi

Bench VI at New Delhi (hereinafter referred to as “the Hon’ble

Adjudicating Authority”) was pleased to pass an order dated May

14, 2024, triggering Corporate Insolvency Resolution Process of

Autoneeds (India) Private Limited (CIN:

U74899DL1992PTC048706) (hereinafter referred to as “Corporate

Debtor”) in Company Petition No. IB-2340/(ND)/2019 and

appointed Ms. Rashmi Mintri having IBBI Reg. No. IBBI/IPA-

001/IP-P00708/2017-2018/11185 as the Interim Resolution

Professional (hereinafter referred to as “IRP”) in accordance with

Section 16 of the Insolvency Bankruptcy Code, 2016 (hereinafter

referred to as “the Code”) to carry out the Corporate Insolvency

Resolution Process (hereinafter referred to as “CIRP”) of the

Corporate Debtor. The Copy of the order of the Hon’ble

Adjudicating Authority dated May 14, 2024, is attached herewith

and marked as ANNEXURE A-1.

2. That the copy of the order dated 14.05.2024 was received from the

Court Officer vide email dated 16.05.2024. The Copy of the email

dated 16.05.2024 sent by the Court Officer to the Applicant is

attached herewith and marked as ANNEXURE A-2.

3. That vide an email dated 20.05.2024, the Applicant intimated the

Directors (Power Suspended) of the Corporate Debtor about the

Corporate Insolvency Resolution Process of the Corporate Debtor

and were called upon upon for visit to the IRP’s Office. The copy of

the said email was also sent through Whatsapp message to the
 Director (Power Suspended), Sh. Viveck Goel (Respondent No.1) on

27.05.2024.

The Copy of the email dated 20.05.2024 sent by the Applicant to

the Directors (Power Suspended) of the Corporate Debtor is

attached herewith and marked as ANNEXURE A-3.

4. That the Interim Resolution Professional made a Public

Announcement in Form “A”, as prescribed under section 13(2) and

section 15 of the Insolvency and Bankruptcy Code, 2016, read with

Regulation 6 of the Insolvency and Bankruptcy Board of India

(Insolvency Resolution Process for Corporate Persons) Regulations,

2016 in Financial Express (English Edition) and Jansatta (Hindi

Edition) newspapers on 21.05.2024. The Copy of the Public

Announcement made on 21.05.2024, is annexed herewith and

marked as ANNEXURE A-4.

5. Subsequently, the Applicant sent an email dated 22.05.2025 to the

Directors (Power Suspended) of the Corporate Debtor seeking

requisition of preliminary documents /information/ data/ details

regarding the affairs of the Corporate Debtor, in terms of Section

19 of the Code, followed by letter through Speed Post Consignment

no. ED675732473IN dated 29/05/2024 which was delivered on

01/06/2024. Following are the information sought under Section

19 of the Code:

1. Provide complete details pertaining to all the Bank Accounts

being maintained by ‘Autoneeds (India) Private Limited’ as per
the format given below: (Sec 17(1) (d) of the Code):
2. Complete details of any other additional place of business,
office, godowns if any.
3. Copy of Lease Deed/Rent Agreement, if any.
4. Complete details of business operations for the previous three
years.
5. Details of all the Secretarial and Compliance records.
6. Complete Financial and Operational payments made during the
previous three years.
7. Complete details of all the loans availed by ‘Autoneeds (India)
Private Limited’ as on 14/05/2024. In this regard, please
provide the information as mentioned below (Sec. 20 of the
Code):
o Name of the Bank/ Financial Institution
o Address of the Branch
o Contact No. & Email
o Branch-in Charge
o Amount Sanctioned
o Amount Oustanding
o Loan Account No.
o Date since the A/c became irregular /NPA, if any
o Security offered with complete details of charges
Registered with Registrar of Companies
o Repayment schedule in case of Term Loans
8. Do not allow any Director /employee of ‘Autoneeds (India)
Private Limited’ to operate any of the bank accounts of
‘Autoneeds (India) Private Limited’ w.e.f. 14/05/2024
without my instructions/prior approval. (Sec 17(1) (d) of the
Code);
9. Instruct all employees of ‘Autoneeds (India) Private Limited’
to act on instructions given by me, i.e. Rashmi Mintri, IRP and
provide access to such documents and records of ‘Autoneeds
(India) Private Limited’ as may be required by the IRP.
(Sec.17(1)(c) of the Code);
10. Provide complete details pertaining to key personnel’s of by
‘Autoneeds (India) Private Limited;
11. Copy of the Audited Financial Statement for the last five
years and Provisional Financial Statements for the period 1st
April, 2024 to 14th May, 2024;
12. Information required as per Regulation 36 of The IBBI
(Insolvency Resolution Process for Corporate Persons)
Regulations, 2016;
13. Complete list of Assets and Liabilities as on
14/05/2024 (Insolvency commencement date) classified into
appropriate categories for easy identification, with estimated
values assigned to each category;
14. Complete list of Creditors containing the names of
creditors, address of the creditors, email address and contact
numbers of the creditors and amount payable to them by
‘Autoneeds (India) Private Limited’ as on 14/05/2024;
15. Complete list of Debtors containing the names of debtor,
address of the debtor, email address and contact numbers of
the Debtor and amount receivable and payable by “Autoneeds
(India) Private Limited’ as on 14/05/2024;
16. Particulars of any Debt due to be paid or received by
‘Autoneeds (India) Private Limited’ with respect to Related
Parties along with the list of Related Parties of ‘Autoneeds
(India) Private Limited’;
17. Details of Guarantees in relation to the debts of
‘Autoneeds (India) Private Limited’ by other persons,
specifying which of the guarantors is a Related Party;
18. The names and addresses of the Members holding at
least one per cent stake in ‘Autoneeds (India) Private
Limited’ along with the size of stake;
19. Complete details of all material litigation and an
ongoing investigation or proceeding initiated by Government
and Statutory Authorities;
20. The number of workmen and employees of ‘Autoneeds
(India) Private Limited’ and liabilities of ‘Autoneeds (India)
Private Limited’ towards them as on 14/05/2024;
 21. The copy of all types of Agreements including Settlement
Agreements, if any;
In addition to the above, as per powers conferred on me by virtue
of the provisions of Section 17 of the Code, I do hereby request you
to provide the following additional documents:
i. True copy of the Fixed Asset Register of the Corporate
Debtor.
ii. Copies of the Title Document of the Immovable Properties.
iii. List and locations of Movable Properties in the name of the
Corporate Debtor including vehicles along with their
Registration Number, Plant & Machinery along with their
purchase invoices.
iv. Three years Backup of data recorded in Accounting
software along with relevant IDs & Passwords.
v. PAN & GSTIN along with relevant IDs & Passwords.
vi. Copy of IT Returns & GST Returns along with their
passwords and website access & control.
vii. Advances and Receivables.
viii. Licenses and other statutory clearances.
ix. Existing Sale Contracts, Purchase Contract and Work
Contracts including
x. Contractors, Security Agencies.
xi. List of Related parties.
xii. Details of Insurance Policies.
xiii. Engagement Letters with employees and workmen.
xiv. List of the concerned electricity department, water
department, PF Department, IT Department, GST and other
relevant Statutory Departments.
xv. All other records maintained under Companies Act, 2013.

The Copy of the email dated 22.05.2024 sent by the Applicant to

the Directors (Power Suspended) of the Corporate Debtor seeking

preliminary information is attached herewith and marked as

ANNEXURE A-5. The True Copy of Speed Post along with the
 tracking reports are is attached herewith and marked as

ANNEXURE A-6.

6. That the IRP visited the Registered Office of the Corporate Debtor

which as per the MCA Portal is situated at E1/4, Pandav Nagar,

Above Hero Motorcorp Showroom, Delhi-110007 on 22.05.2024. It

was surprisingly noted that another entity in the name of “Singla

Hero” were continuing operations from the Registered address as

shown on the MCA Portal. No updation was made in the ROC

records regarding closure of the Registered Office of the Corporate

Debtor. On contacting, the concerned person of Singla Hero, it was

informed that they have bought the premises from the auction

made by IDFC Bank.

7. The Directors (Power Suspended) were intimated about the non-

existence of the Registered Office at the place shown in the MCA

Portal vide mail dated 23.05.2024 and were called upon to urgently

fix a meeting or visit the IRP office for discussion and to discuss

the other pivotal matters such as the location of Fixed Assets for

taking custody, books of Accounts and relevant records and other

important discussions including the strict timelines to be adhered

to under CIRP. The IRP further asked for the contact details of the

other Director (Power Suspended), Mrs. Anju Goel. The Copy of the

email dated 23.05.2024 sent by the Applicant to the Directors

(Power Suspended) of the Corporate Debtor seeking documents/

details/ information/records is attached herewith and marked as

ANNEXURE A-7. The copy of the email dated 23.05.2024 was also
 sent through Whatsapp message to the Director (Power

Suspended), Sh. Viveck Goel (Respondent No.1) on 27.05.2024.

8. That, the Applicant again on 27.05.2024 sent a reminder email

seeking documents/ details/ information/records, as mentioned

in the earlier mail dated 22.05.2024. The Copy of the email dated

27.05.2024 sent by the Applicant to the Directors (Power

Suspended) of the Corporate Debtor seeking documents/ details/

information/records is attached herewith and marked as

ANNEXURE A-8. The copy of the email dated 27.05.2024 was also

sent through Whatsapp message to the Director (Power

Suspended), Mr. Viveck Goel (Respondent No.1) on 27.05.2024.

The Copy of the Whatsapp message sent to the Director (Power

Suspended), Sh. Viveck Goel (Respondent No.1) on 27/05/2024 is

attached herewith and marked as ANNEXURE A-9.

9. That on 29.05.2024, letter of intimation and requisition was sent

through Speed Post bearing consignment no. ED675732473IN to

the Directors (Power Suspended), Mr. Viveck Goel (Respondent

No.1) at his residential address and through Speed Post bearing

consignment no. ED675732460IN to Mrs. Anju Goel (Respondent

No.2) at the Rohtak address respectively, as available in the

records available on the MCA Portal. The Intimation sent through

Speed Post to Mr. Viveck Goel (Respondent No.1) was delivered on

01/06/2024 but the letter sent through Speed Post to Ms. Anju

Goel returned undelivered. The True Copy of the Speed Post

bearing consignment numbers ED675732473IN and

 ED675732460IN respectively along with its tracking report is

attached herewith and marked as ANNEXURE A-10.

10. That on 30.05.2024, an e-mail was received from the Director

(Power Suspended), Mr. Viveck Goel (Respondent No.1), stating

that the Company/Corporate Debtor is not carrying out business

since last 5 years and that there is no other registered address of

the Company/Corporate Debtor. Respondent No.1 also wrote that

the registered premises was attached and auctioned by IDFC Bank

in the year 2021 under SARFAESI Act and the proceedings thereof

including challenge is still pending in DRT, New Delhi. Further, he

also mentioned that they do not have any access to any documents

etc. as the Company is not operating for the last 5 years and during

attachment by IDFC Bank, all the Company documents,

computers, statutory records were not permitted to be taken out

by the Bank, before the Property was sealed and attached by Bank.

The property has been auctioned and they have no information

about the data, documents etc. Furthermore, he also stated that

Ms. Anju Goel (Respondent No.2), another Director is his wife and

was a proforma and sleeping Director and has no role or knowledge

about the affairs of the Company as the day-to-day affairs were

handled by him till the date the Company was in operation.

Respondent No.1 also mentioned that he is bed ridden and he can

connect on VC or phone call to discuss further. The True Copy of

the email dated 30.05.2024 sent by the Director to the Applicant

is attached herewith and marked as ANNEXURE A-11.

11. That, on receipt of the email dated 30.05.2024 from the Director

(Power Suspended), the Applicant/IRP sent a reply vide email

dated 30.05.2024 that the information sent is not sufficient and

that IRP needs proper details regarding the documents etc. sought

for and urgently requires the information regarding Bank Account

details, DRT case file, the Contact details of the Counsel, any

correspondence received from the IDFC Bank regarding

attachment of the property, location of Fixed Asset for custody etc.

amongst other information sought for and promptly scheduled a

VC meeting to be held on 01.06.2024 and shared the link with the

said reply email. The True Copy of the email dated 30.05.2024 sent

by the Applicant to the Director is attached herewith and marked

as ANNEXURE A-12. The copy of email was also sent through

Whatsapp message to the Directors (Power Suspended), Sh. Viveck

Goel/Respondent No.1 on 30.05.2024. The True Copy of

screenshot of the Whatsapp message dated 30.05.2024 sent by the

Applicant to the Director is attached herewith and marked as

ANNEXURE A-13.

12. That, on the basis of the reply received from Mr. Viveck Goel,

Director (Power Suspended), the Intimation cum requirement

Letter was sent through Speed Post bearing consignment no.

ED675746044IN to Mrs. Anju Goel Director (Power Suspended) at

the residential address of the Director Mr. Viveck Goel, on

05.06.2024 which was delivered to her on 10/06/2024. The True

Copy of the Speed Post bearing consignment no. ED675746044IN

 along with tracking report is attached herewith and marked as

ANNEXURE A-14.

13. That, on 01.06.2024, the Directors (Power Suspended)/

Respondent No.1 didn’t join the meeting scheduled at 6pm and

neither responded to the emails regarding the reason for non-

appearance. The Applicant tried to connect through phone call,

whatsapp message, email and whatsapp call but the Respondent

No. 1 did not answer. The Applicant waited for half an hour and

then closed the meeting. The Applicant further sent email dated

01.06.2024 and gave another opportunity to join the Video

Conference to be held on 03.06.2024 at 1PM. However, on

03.06.2024 also, the Directors (Power Suspended) neither

responded nor joined the Video Conference meeting. The IRP tried

to connect with the Respondent No.1 via whatsapp message and

call, but Respondent did not respond and the meeting was

concluded without the participation of Respondents. The copy of

email was also sent through Whatsapp to the Directors (Power

Suspended), Sh. Viveck Goel on 01.06.2024. The True Copy of the

email dated 01.06.2024 sent to the Directors by the Applicant is

attached herewith and marked as ANNEXURE A-15.

14. That on 03.06.2024, an email was sent to the Directors (Power

Suspended) regarding their non-cooperation and no response to

the mails sent and phone calls made intimating them that if the

non-cooperation continues then the Applicant will have no option

but to file an application under Section 19(2) of the Code and seek
 directions from Hon’ble NCLT. The True Copy of the email dated

03.06.2024 sent to the Directors by the Applicant is attached

herewith and marked as ANNEXURE A-16.

15. It is imperative to note that after ample reminders and

opportunities given to the Respondents/Directors (Power

Suspended) they have only provided a single email with vague reply

and thus neglected to provide the requisite details to the Applicant

and continued to evade their duties which is hampering the CIR

Process.

16. It is submitted that pursuant to the Public Announcement, the

Applicant received claims from the Financial Creditors i.e. M/s

Akasa Finance Ltd. (earlier known as Pooja Finelease Ltd.) and

HDFC Bank Ltd. on 03.06.2024.

17. It is submitted that on 03.06.2024 and 04.06.2024, the Applicant

sent email to the Directors (Power Suspended) for records related

to the claims filed by the claimants promptly to adhere to the

timelines as provided in the Code regarding verification of Claims.

Subsequently, on 07.06.2024 the IRP sent email for reminding the

requisition of relevant records etc. related to the claims received

from the claimants and other details as sought for in previous

correspondence and sent another claim received from the Financial

Creditor -Tata Finance Ltd., for requisition of relevant documents

to enable the Applicant to verify the claim within the timelines

provided in the Code. All the correspondence from the Applicant

 being unanswered and being went into vein, the Directors (Power

Suspended) never responded to the emails of the Applicant.

Further, on 14.06.2024 and 15.06.2024, reminder mails were sent

to Respondents, reminding the requisition of relevant records etc.

needed for verification of claims received from claimants so that

the claims can be verified, those reminder emails are still

responded by the Directors (Power Suspended). Thereafter, a final

reminder was sent vide email dated 18.06.2024 to the Respondents

requiring the relevant records etc. needed to enable the Applicant

to verify the claims received and other documents as sought for in

the earlier correspondence.

The Applicant further sent an email dated 26.06.2024 regarding

the relevant documents from the Directors (Power Suspended) for

the verification of claim received from Tata Capital Ltd. and for

knowing that whether they have any observation on the claim

submitted by the claimant and for providing other records as per

the earlier correspondence. The True Copy of the Trail mails dated

03.06.2024, 04.06.2024, 07.06.2024, 14.06.2024, 15.06.2024,

18.06.2024 and 26.06.2024 sent by the Applicant to the

Respondents is attached herewith and marked as ANNEXURE A-

17.

18. That on 14.06.2024, the Notice of the First Committee of Creditors

(“CoC”) meeting of the Corporate Debtor to be held on 19.06.2024

was sent to the Directors (Power Suspended) vide email. The True

Copy of the mail dated 14.06.2024 sent by the Applicant to the

 Respondents with respect to Notice & Agenda for the first CoC

Meeting is attached herewith and marked as ANNEXURE A-18.

19. That on 15.06.2024, a reminder mail was also sent for seeking

information/ records/ details/ documents etc. as asked for in

earlier correspondence with the Directors (Power Suspended) of the

Corporate Debtor which were needed urgently for the smooth

running of CIR Process, which is still pending for response. The

True Copy of the mail dated 15.06.2024 sent by the Applicant to

the Respondents is attached herewith and marked as ANNEXURE

A-19.

20. It is submitted that a reminder mail dated 19.06.2024 was sent in

the morning reminding the conduct of First CoC meeting at 3 pm

on the same day. But the Respondent Directors (Power Suspended)

did not join the meeting, nor any response or communication was

received from the Respondent. The True Copy of the reminder mail

dated 19.06.2024 sent by the Applicant to the Respondents is

attached herewith and marked as ANNEXURE A-20. The True

Copy of the 1st CoC minutes dated 19.06.2024 is attached herewith

and marked as ANNEXURE A-21.

21. That, on 21.06.2024, the email was sent sharing the Minutes of

the First Meeting of COC held on 19.06.2024 and the same is

attached herewith and marked as ANNEXURE A-22.

22. That vide email dated 29.06.2024, the Applicant shared the voting

result of the First CoC meeting with the Respondents and the same

is attached herewith and marked as ANNEXURE A-23.

23. It is submitted that, during the 1st CoC meeting, Applicant was

appointed as the Resolution Professional of the Corporate Debtor

and the same was record vide order dated 15.07.2024. The True

Copy of the order dated 15.07.2024 passed by this Hon’ble

Tribunal appointing IRP as RP is attached herewith and marked as

ANNEXURE A-24.

24. That it is pertinent to submit that Mr. Viveck Goel (Respondent No.

1) and Ms. Anju Goel (Respondent No. 2) are common directors in

the companies listed below, all of which share the same registered

address:

Sr. Name of the Name of the Address of the

No. Company Directors Company
1 Apex Mr. Viveck Goel E-1/4, Pandav Nagar,
Automobiles (Respondent
Opp. Mother Dairy,
Private Limited No. 1)
Patparganj, Delhi, India
(Subsidiary of
Ms. Anju Goel
the Corporate - 110092.
(Respondent
Debtor)
No. 2)
2 Aristo Motor Mr. Viveck Goel E-1/4, Pandav Nagar,
Private Limited (Respondent
Above Hero Motorcorp
No. 1)
Showroom, Patparganj
Ms. Anju Goel
Delhi, India - 110092.
(Respondent
No. 2)
 3 V Go Motor Mr. Viveck Goel E1/4, Pandav Nagar,
Private Limited (Respondent
Above Hero Motorcorp
No. 1)
Showroom, Patparganj
Ms. Anju Goel
Delhi, India - 110092.
(Respondent
No. 2)
4 Aristo Drive Mr. Viveck Goel E1/4, Pandav Nagar,
Private Limited (Respondent
Above Hero Motorcorp
No. 1)
Showroom, Patparganj
Ms. Anju Goel
Delhi, India - 110092.
(Respondent
No. 2)
5 Feelgood Mr. Viveck Goel E-1/4, Pandav Nagar,
Healthcare (Respondent
Opp. Mother Dairy,
Private Limited No. 1)
Patparganj, Delhi, India
Ms. Anju Goel
- 110092.
(Respondent
No. 2)

25. That it is submitted that, from last available Audited Financial

Statements for the Financial Year 2018-19 as available on the MCA

portal, under the Head: “Loans and Advances”, the Applicant:

a) sent an email dated 10.06.2024 regarding intimation cum

Demand Notice to Respondent No. 1 being the Proprietor of Auto

Needs Gurgaon, thereto demanding an amount of Rs.

4,01,76,690 (Four Crore One Lakh Seventy-Six Thousand

Six Hundred And Ninety Only).

The same was also sent through speed post vide consignment

no. ED632405445IN dated 15.06.2024 to the Respondent No.

 1. It is submitted that the address of the Proprietorship firm was

taken as available on the GST site, which was delivered on

20.06.2024.

The True Copy of the Email dated 10.06.2024 sent by the

Applicant to the Respondent No.1 being the Proprietor of Auto

Needs Gurgaon is attached herewith and marked as

ANNEXURE A-25.

The True Copy of the Speed-post consignment no.

ED632405445IN along with the tracking report is attached

herewith and marked as ANNEXURE A-26.

The reminder mails were also sent on 05.07.2024 and

16.07.2024 regarding the same.

b) sent an email dated 15.06.2024 to the Directors of M/s Aristo

Motors Private Limited thereto demanding an amount of Rs.

98,20,000 (Ninety-Eight Lakhs and Twenty Thousand Only)

with a request to reconcile the accounts and issue a Demand

Draft in favour of “Autoneeds (India) Private Limited” for

Rs.98,20,000 /- or the reconciled amount arrived at after such

reconciliation. Further, requested to provide the copy of

reconciliation and complete Statement of A/c of the Corporate

Debtor as appearing in their Books of A/c from Financial Year

2014-15 till the date of commencement of CIRP i.e. 14.05.2024.

The same was also sent through speed post vide consignment

no. ED632405428IN dated 15.06.2024 to ‘M/s Aristo Motors

Private Limited’, which was returned undelivered with the

noting “Addressee Left without instructions”.

 The True Copy of the Email dated 10.06.2024 sent by the

Applicant to ‘M/s Aristo Motors Private Limited’ is attached

herewith and marked as ANNEXURE A-27.

The True Copy of the speed-post consignment no.

ED632405428IN along with the tracking report is attached

herewith and marked as ANNEXURE A-28.

A reminder mail was also sent on 16.07.2024 regarding the

same.

c) sent an email dated 15.06.2024 to the Directors of M/s V Go

Motor Private Limited thereto demanding an amount of Rs.

9,05,000 (Nine Lakhs and Five Thousand Only) and

requested to reconcile the same and issue a Demand Draft in

favour of “Autoneeds (India) Private Limited” for Rs. 9,05,000 /-

or the reconciled amount arrived at after such reconciliation.

Further, requested to provide the copy of reconciliation and

complete Statement of A/c of the Corporate Debtor as appearing

in their Books of A/c from Financial year 2014-15 till the date

of commencement of CIRP i.e. 14/05/2024.

The same was also sent through speed post vide consignment

no. ED632405431IN dated 15.06.2024 , which was returned

undelivered with the noting “Addressee Left without

instructions”.
 The True Copy of the Email dated 10.06.2024 sent by the

Applicant to ‘M/s V Go Motor Private Limited’ is attached

herewith and marked as ANNEXURE A-29.

The True Copy of the speed-post consignment no.

ED632405431IN along with the tracking report is attached

herewith and marked as ANNEXURE A-30.

The reminder mails were also sent on 05.07.2024 and

16.07.2024 regarding the same.

d) sent an email dated 15.06.2024 to the Directors of M/s

Radiance Infraprojects Private Limited thereto demanding an

amount of Rs. 50,35,000 (Fifty Lakhs and Thirty-Five

Thousand Only) with a request to reconcile the same and issue

a Demand Draft in favour of “Autoneeds (India) Private Limited”

for Rs. 50,35,000/- or the reconciled amount arrived at after

such reconciliation. Further, requested to provide the copy of

reconciliation and complete Statement of A/c of the Corporate

Debtor as appearing in their Books of A/c from Financial Year

2014-15 till the date of commencement of CIRP i.e. 14.05.2024.

The same was also sent through speed post vide consignment

no. ED632405459IN dated 15.06.2024 to ‘Radiance

Infraprojects Private Limited’, which was returned undelivered

with the noting “No such person in the address”.

The True Copy of the Email dated 15.06.2024 sent by the

Applicant to the Directors of M/s Radiance Infraprojects Private

Limited is attached herewith and marked as ANNEXURE A-31.

 The True Copy of the speed-post consignment no.

ED632405459IN along with the tracking report is attached

herewith and marked as ANNEXURE A-32.

A reminder mail regarding the same was also sent on

16.07.2024.

26. It is submitted that as per the last available Audited Financial

Statements for the Financial Year 2018-19 also reflected the name of

subsidiary of the Corporate Debtor, namely, ‘M/s Apex Automobiles

Private Limited’. The details of the same were sought for from the

Respondents, as the Corporate Debtor holds 90% of the shares and

rest of the shares are being held by the Directors (Power Suspended),

Mr. Viveck Goel and Mrs. Anju Goel who hold 5% shares each in the

Subsidiary Company. The said request of the Applicant was never

responded by the Respondents. The True Copy of the Audited

Financial Statements for the Financial Year 2018-19 is attached and

marked herewith as ANNEXURE A-33.

27. On the basis of last Audited Financial Statements for the Financial

Year 2018-19 available with the IRP and on the basis of information

on the MCA Portal, Applicant contacted and sent an email dated

22.05.2024 to the Statutory Auditors for the Financial Year 2018-19,

CA Tushar Mohan of Proprietor of M/s Tushar Mohan & Associates,

proprietorship firm. The firm was appointed as Statutory Auditors for

the Financial Year 2019-20 till Financial Year 2023-24 . No record of

resignation of the Statutory Auditor was filed with Registrar of

Companies.
28. That, CA Tushar Mohan, Respondent No. 3 replied vide mail dated

09.06.2024 that he is not in touch with the Company/Corporate

Debtor and has not kept any records with him of the Corporate Debtor

and advised the IRP to connect with the management and gave the

contact number of Director, Mr. Viveck Goel. The True Copy of the

mails communicated between the Applicant and the Statutory

Auditors is attached and annexed herewith as ANNEXURE A-34.

29. That, on sending the mail on 15.06.2024 regarding requisition of

Audit related documents, he gave two contact numbers of Mr. Viveck

Goel and Mr. Shashwat Goel for seeking any further details about the

Company/Corporate Debtor.

As, despite of so many reminders, the Applicant was unable to connect

with Mr. Viveck Goel, so on the basis of mail received from the Auditor,

the Applicant tried to contact Mr. Shashwat Goel through phone call.

But Mr. Shashwat Goel, son of Respondent No. 1 & 2 didn’t respond

to the emails/ telephonic calls and whatsapp messages sent by the

Applicant.

30. It is submitted that despite the afore mentioned follow ups, the

Respondents have failed to provide the following information:

DATE INFORMATION / DETAILS/ DATA/ DOCUMENTS

REQUIRED
22/05/2024 Complete Details regarding all the Bank Accounts
maintained by the CD including the branch address,
Account no. and outstanding Balance on the CIRP
Commencement Date i.e. 14/05/2024.
Complete details of any other additional place of
business, office , godowns, if any
Copy of Lease Deed , Rent Agreement , if any.
Complete Details of business operations for the
previous three years
Details of all the Secretarial and Compliance records.
Complete details of Financial and Operational
payments made during the last three years.
Complete details of all Loans availed by the Corporate
Debtor including the details of Bank Branch, Financial
Institutions, amount of Loan sanctioned , amount of
Loan outstanding etc. as on the CIRP commencement
date etc.
Complete details of Key Personnel of the Corporate
Debtor.
Copy of the Audited Financial statement for the last
five years and Provisional Financial Statement for the
period from 01/04/2024 till the CIRP commencement
Date i.e. 14/05/2024.
Complete list of Assets and Liabilities as on the CIRP
Commencement date i.e. 14.05.2024 including their
current status
Complete list of Creditors including their address,
email address, contact number and amount payable to
them.
Complete list of Debtors including their address, email
address, contact number and amount receivable from
them.
Particulars of any debt due to be paid or received by
the Corporate Debtor with respect to the Related
parties alongwith the list of Related Parties
Details of Guarantee in relation to the debts of the
Corporate Debtor by other persons specifying which of
the guarantor is a Related Party
The name and Address of the members holding at least
one percent stake in the Corporate Debtor alongwith
the size of stake
Complete details of all material litigation and ongoing
investigation or proceeding initiated by Government
and Statutory Authorities
The number of workmen and employees of the
Corporate Debtor and liabilities towards them as on
CIRP commencement date i.e. 14/05/2024
The copy of all types of Agreements including
Settlement Agreement, if any
True copy of Fixed Asset Register of the Corporate
Debtor
Copies of Title Document of the Immovable Properties
of the Corporate Debtor
List and locations of the Movable properties in the
name of the Corporate Debtor including Vehicles with
their registration number, Plant and Machinery
alongwith their purchase Invoices.
Three years backup of data recorded in accounting
Software alongwith relevant IDs and Passwords, if any
PAN and GSTIN alongwith the relevant IDs and
passwords.
Copy of IT Returns & GST Returns of the Corporate
Debtor alongwith their login credentials to access the
portal.
Details of Advances and Receivables.
Details of Licenses and other Statutory clearances, if
any
Existing Sale Contracts , Purchase Contracts and Work
Contracts
Details of Contractors and Security Agencies
List of Related Parties
Details of Insurance Policies
Engagement Letters with employees and workmen
 List of concerned Electricity Department, Water
Department, PF Department, GST and other relevant
Statutory Department
All other relevant records maintained under
Companies Act,2013
23/05/2024 Contact Number and Email id od Director Mrs. Anju
Goel
30/05/2024 Complete details of DRT Proceedings including name
and contact details of the Counsel appearing for the
case and the current status of the case
The copy of Audited Financial Statements/ Financial
Statements from F/y 2019-20 till F/y 2023-24 and
Provisional Financial Statements for the period from
01/04/2024 till the CIRP commencement date i.e.
14/05/2024.
Log-in credentials of Income Tax site. GST, Traces, ESI,
PF and passwords of the registered email id of the
Corporate Debtor as appearing on the MCA Portal
Communication details of all the past and present
Directors and KMPs
Complete details of all the Bank A/c with their Account
Numbers , Bank Statements for the last 10 years
Contact details of the past and present Statutory
Auditors of the Corporate Debtor
The current status of Loan taken as appearing on the
MCA Portal alongwith the details of security provided
to the following Banks:
 Axis Bank,
 Bank of Baroda and
 Punjab National Bank.
Further, details of any other Loans availed from Other
Banks / NBFCs which are not reflecting on the MCA
Portal
 Details of Subsidiaries and Associates Companies of
the Corporate Debtor alongwith the Shareholding of
the Corporate Debtor and Individual Directors
Details of location, current status of all the Assets
(Movable/ Immovable) of the Corporate Debtor as on
the CIRP commencement date i.e. 14/05/2024
15/05/2024 Details of Long Term Borrowings taken from : Deutsche
Bank, Axis Bank, HDFC Inventory Funding, Hero
Fincorp (Inventory Funding), Names address and
Contact No. of NBFCs and other Financial institution
from which Loan has been taken
Details of the following Bank Accounts alongwith their
Bank Statements till the date of commencement of
CIRP i.e. 14/05/2024:
 HDFC,
 ICICI Bank,
 Punjab National Bank,
 State Bank of Saurashtra,
 Bank of Baroda,
 Axis Bank
Details of Loans and Advances given to:
 Auto Needs Gurgaon,
 Aristo Motors Private Limited
 V Go Motor Private Limited
 Radiance Infraprojects Private Limited
Details of Fixed Assets i.e. location, ownership details,
current status of the Fixed Assets as per the Fixed
Asset Schedule attached to the last available Audited
Balance Sheet for the F/y 2018-19
Contact information of Mr. Sharad Goel and Mrs.
Rekha Goel , ex-directors of the Corporate Debtor
Complete Details of Subsidiary “Apex Automobiles
Private Limited”
 03/06/2024 Details/records etc. related to Claimant viz Financial
Creditor ‘ Akasa Finance Ltd.’ (Previously known as
Pooja Finelease Ltd.)
04/06/2024 Details/records etc. related to Claimant – Financial
Creditor HDFC Bank Ltd.
07/06/2024 Details/records etc. related to Claimant – Financial
Creditor- Tata Capital Ltd. (Previously known as Tata
Capital Financial Services Limited)

31. IT IS PERTINENT TO NOTE THAT, DESPITE CONTINIOUS

COMMUNICATION FROM THE APPLICANT RESOLUTION
PROFESSIONAL, THE RESPONDENT DIRECTORS HAVE ONLY
PROVIDED A SINGLE RESPONSE VIA EMAIL DATED MAY 30,
2024. THE RESPONDENTS HAVE FAILED TO PROVIDE ANY
INFORMATION, DOCUMENTS, DETAILS, OR RECORDS DESPITE
NUMEROUS REMINDERS THROUGH EMAILS , PHONE CALLS AND
WHATSAPP COMMUNICATIONS FROM THE APPLICANT. AS A
RESULT, NO INFORMATION OR RECORDS HAVE BEEN HANDED
OVER TO THE APPLICANT.

32. It is pertinent to mention that the Applicant with due process has

always sent reminder emails to the Respondent on requesting to

extend their cooperation in order to carry out the insolvency process

effectively. The required document is extremely required for the

efficient and proper CIRP of the Corporate Debtor.

33. That it is essential to mention that there has been repeated behaviour

of non-cooperation on part of Respondents as they have deliberately

failed to provide requisite information in requisite format to the

Applicant for an effective of the Corporate Debtor.

34. Further, being well aware of the fact that CIRP is a time bound

process which has to be completed within 330 days, the act of non-

cooperation by the respondent is impeding the completion of CIRP

within the time period. However, as the operation are not being carried

out in the utmost effective and efficient manner, consequently, the

same precious time and money of the Applicant and the member of

CoC is being wasted.

35. Under this circumstance and due to non-cooperation by the

Respondents, the Applicant is being forced to approach the

Adjudicating Authority to direct the Respondent to start cooperating

with the Applicant so that the CIRP can be completed successfully.

PRAYER

In view of the present facts and circumstances of the case, it is

humbly prayed that this Hon’ble Adjudicating Authority may be

pleased to:

A. To take notice of the misconduct of the Respondents which is

causing serious adversities on the Corporate Debtor, its

stakeholders as well as on the present CIRP and/or

B. To direct the Respondents for extending full cooperation and

to provide necessary information to the applicant thereby

facilitating the smooth conduct of the CIRP of the Corporate

Debtor, and / or;

C. To direct the Respondents including the Respondent No. 3

being the Statutory Auditor of the Corporate Debtor to

immediately provide / handover the entire physical and

electronic records and books of accounts/financial

records/tally data/ location of assets of the Corporate Debtor

and/or

D. To direct the Respondent No. 1 & 2 to handover the custody of

all the Assets of the Corporate Debtor to the Applicant

Resolution Professional and/or

E. To direct the Respondents to not to act against the provisions

of the Insolvency and Bankruptcy Code, 2016 and/or

F. To pass necessary orders in terms of the provisions u/s 70 of

the Insolvency and Bankruptcy Code, 2016 and/or

G. Pass any other order in the interest of justice.

Rashmi Mintri
Resolution Professional
Auto Needs (India) Private Limited (under CIRP)
IP Regn. No.: IBBI/IPA-001/IP-P00708/2017-2018/11185
Address: JD-18B, Near Ashiana Chowk, Pitampura-110034
E-mail Id: cirp.anipl2024@[Link]
 FILED THROUGH:

Riya Thomas
Counsel for the Applicant
145, 3rd floor, Pocket 9, Sector 23, Rohini -110085
Date: 27.06.2024 Mob: +91-9810522667
Place: New Delhi E-mail: [Link]@[Link]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH VI
IA NO. OF 2024
IN
COMPANY PETITION NO. (IB) 2340/ND/ 2019

IN THE MATTER OF:

POOJA FINELEASE LIMITED …FINANCIAL CREDITOR
VERSUS
M/s AUTONEEDS (INDIA) PRIVATE LIMITED
…. CORPORATE DEBTOR

AND IN THE MATTER OF:

MS. RASHMI MINTRI
RESOLUTION PROFESSIONAL
FOR AUTO NEEDS (INDIA) PRIVATE LIMITED
(REGN NO. IBBI/IPA-001/IP-P00708/2017-2018/11185)
…. APPLICANT
VERSUS
VIVECK GOEL AND ORS. …RESPONDENTS

AFFIDAVIT
I, Rashmi Mintri, D/o late Kamal Kishore Sarda, aged around 50
years, presently residing at JD-18-B, Near Ashiana Chowk,
Pitampura-110034, do solemnly affirm and say as follows:

1. I, the Applicant, hereby affirm my authority and competence to

execute this Affidavit in my capacity as the Resolution
Professional (RP) of the Corporate Debtor.

2. The statements made in the paragraphs of the application herein,

now shown to me, are true to the best of my knowledge,
information, and belief.

3. The accompanying Application has been drafted by Counsel

under my specific instructions, and I affirm my competence to
 swear to the same.

4. The Annexures attached to the Application are true copies of the

original documents.

DEPONENT

VERIFICATION

Verified at New Delhi on this 27th day of July, 2024 that the
contents of Paragraphs 1 and 4 of this Affidavit are true to my
knowledge and nothing material is concealed therefrom.

DEPONENT