Proceedings under section 66 [ Section 67 & 67A ] - Insolvency Resolution And Liquidation For Corporate Persons - IBC

Proceedings under section 66 [ Section 67 of the IBC, 2016 ] Adjudicating Authority may give direction [ Section 67(1) of the IBC, 2016 ] Where the Adjudicating Authority has passed an order under sub- section (1) or sub- section (2) of section 66 , as the case may be, it may give such further directions as it may deem appropriate for giving effect to the order, and in particular, the Adjudicating Authority may- (a) provide for the liability of any person under the order to be a charge on any debt or obligation due from the corporate debtor to him, or on any mortgage or charge or any interest in a mortgage or charge on assets of the corporate debtor held by or vested in him, or any person on his behalf, or any person claiming as assignee from or through the person liable or any person acting on his behalf; and (b) from time to time, make such further directions as may be necessary for enforcing any charge imposed under this section . Explanation .-For the purposes of this section , assignee includes a person to whom or in whose favour, by the directions of the person held liable under clause (a) the debt, obligation, mortgage or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration given in good faith and without notice of any of the grounds on which the directions have been made. Order of priority of payment [ Section 67(2) of the IBC, 2016 ] Where the Adjudicating Authority has passed an order under sub- section (1) or sub- section (2) of section 66 , as the case may be, in relation to a person who is a creditor of the corporate debtor , it may, by an order, direct that the whole or any part of any debt owed by the corporate debtor to that person and any interest thereon shall rank in the order of priority of payment under section 53 after all other debts owed by the corporate debtor. F r a u d ul e n t management of corporate debtor during pre-packaged insolvency resolution process (PPIRP) [ Section 67A of the IBC, 2016] O n a n d after the pre-packaged insolvency commencement date, where an officer of the corporate debtor manages its affairs with the intent to: d e f r au d creditors of the corporate debtor; or f o r any fraudulent purpose, t h e Adjudicating Authority may, on an application by the resolution professional, pass an order imposing upon any such officer, a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees.