(1) The personnel of the corporate debtor, its promoters or any other person associated with the management of the corporate debtor shall extend all assistance and co-operation to the interim resolution professional as may be required by him in managing the affairs of the corporate debtor.
(2) Where any personnel of the corporate debtor, its promoter or any other person required to assist or cooperate with the interim resolution professional does not assist or cooperate, the interim resolution professional may make an application to the Adjudicating Authority for necessary directions.
(3) The Adjudicating Authority, on receiving an application under sub-section (2), shall by an order, direct such personnel or other person to comply with the instructions of the resolution professional and to cooperate with him in collection of information and management of the corporate debtor.
Legal Commentary & Landmark Judgments: Section 19
Section 19 imposes mandatory statutory duties on the personnel, promoters, and auditors of the corporate debtor to extend full cooperation and assistance to the IRP, and empowers the NCLT to pass coercive orders for non-cooperation.
If promoters refuse to hand over ERP passwords, Tally accounting data, statutory registers, or factory keys, do not waste time on repetitive emails. Immediately file an interlocutory application (IA) under Section 19(2) before the NCLT seeking police assistance and coercive summons.