Punishment for misconduct in courses of corporate insolvency resolution process [ Section 70 ] - Insolvency Resolution And Liquidation For Corporate Persons - IBC

Punishment for misconduct in courses of corporate insolvency resolution process [ Section 70 of the IBC, 2016 ] Offences On or after the insolvency commencement date, where an officer of the corporate debtor- (a) does not disclose to the resolution professional all the details of property of the corporate debtor, and details of transactions thereof, or any such other information as the resolution professional may require; or (b) does not deliver to the resolution professional all or part of the property of the corporate debtor in his control or custody and which he is required to deliver; or (c) does not deliver to the resolution professional all books and papers in his control or custody belonging to the corporate debtor and which he is required to deliver; or (d) fails to inform there solution professional the information in his knowledge that a debt has been falsely proved by any person during the corporate insolvency resolution process; or (e) prevents the production of any book or paper affecting or relating to the property or affairs of the corporate debtor; or (f) accounts for any part of the property of the corporate debtor by fictitious losses or expenses, or if he has so attempted at any meeting of the creditors of the corporate debtor within the twelve months immediately preceding the insolvency commencement date, Liability Any Officer of the corporate debtor. Penalty He shall be punishable with Imprisonment for a term which shall not be less than three years, but which may extend to five years, or Fine , which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both ( Imprisonment Minimum Three year imprisonment and Fine Rs. One Lakh fine if found Guilty ) . Provided that nothing in this section shall render a person liable to any punishment under this section if he proves that he had no intent to do so in relation to the state of affairs of the corporate debtor. [ Section 70(1) ] Continues contravention :- If an insolvency professional deliberately contravenes the provisions of this Part he shall be punishable with Imprisonment for a term which may extend to six months, or Fine which shall not be less than one lakh rupees, but may extend to five lakhs rupees, or Both ( Imprisonment and Fine ). [ Section 70(2) ] Relevant Case Law Asset Reconstruction Company (India) Ltd. Vs. Shivam Water Treaters Pvt. Ltd. - NCLT, Mumbai Dated 28.03.2019 Despite directions of handing over the CD to the RP, the business head and statutory auditor did not extend any cooperation for handing over possession of the CD to the RP. Hence, a penalty of Rs. 10 lakh each was imposed under section 70 of the Code.