9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (10) TMI 267 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT -Section 236 of the Code provides that all offences under the Code shall be tried by a Special Court constituted as aforesaid under the Companies Act. Section 236(2) provides that no Court shall cognizance of the offence punishable under the Code save on a complaint made by the Board (IBBI) or the Central Government or any person authorised by the Central Government in this behalf. Similar provision is also enshrined under Section 439 of the Companies Act. The allegations made when proved may entail punishment and/or fine. Therefore, this Authority would not be in a position to make any comment or give any finding on the allegations made in the Application. Application rejected.
Issues: Application seeking directions by Resolution Professional
Analysis: 1. Background: The Application was filed by the Resolution Professional after being appointed to replace the Interim Resolution Professional. The Resolution Professional faced challenges in accessing the records of the Corporate Debtor. 2. Allegations: The Resolution Professional alleged that the previous Interim Resolution Professional had not obtained the necessary records of the Corporate Debtor. The Resolution Professional discovered discrepancies in the Annual Reports, lease agreements, and financial transactions of the Corporate Debtor, indicating potential fraud and misconduct by the directors. 3. Prayers: The Resolution Professional sought directions against the directors of the Corporate Debtor under sections 68, 69, 70, 71, and 73 of the Insolvency & Bankruptcy Code, 2016. The Application also requested cooperation from the DIG of West Godavari to search and seize records of the Corporate Debtor. 4. Legal Considerations: The Tribunal noted that the allegations made in the Application involved offences triable by a Special Court under the Companies Act 2013. The Tribunal clarified that it could not comment or give findings on the allegations as they may lead to punishment or fines. The Tribunal emphasized that specific directions could not be given without detailed specifics. 5. Decision: The Tribunal rejected the Application without contest and directed the Resolution Professional to take appropriate legal action as per the Insolvency & Bankruptcy Code and related Regulations/Rules. The Resolution Professional was advised to pursue the matters alleged in the Application before the appropriate authority for necessary resolution. The police authorities were instructed to provide assistance to the Resolution Professional as needed for the Corporate Insolvency Resolution Process. This detailed analysis of the judgment highlights the issues, allegations, legal considerations, and the final decision made by the Tribunal in response to the Application filed by the Resolution Professional.
|
