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TMI Blog2021 (9) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... de and also to hold a preliminary enquiry in relation to the same. It is seen that the present Application is filed under Section 70 and 72 of IBC, 2016 which falls under Chapter VII of IBC, 2016 which is termed as Offences and Penalties . A perusal of Section 236(1) of IBC, 2016 states that the offences under IBC shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013. Further, section 236(2) states that the complainant in all such cases shall be the Insolvency and Bankruptcy Board of India (IBBI). Thus, in so far as Applications in relation to Chapter VII is concerned only the Special Court is having jurisdiction to try and hear the said Applications - the present Application filed by the Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Criminal Procedure, 1973; order and direct the respondent to furnish such security for his appearance before the Magistrate as it deems fit and proper; and d) Pass such order reliefs as the nature and circumstances of the case may require. 2. The Registry of this Tribunal has posted this Application for maintainability. From the relief portion as extracted supra, it is seen that the Applicant/RP has moved the present Application seeking to direct the Registrar of this Tribunal to register a criminal complaint against the Respondent for offences committed under sections 191, 192, 193, 199, 200, 209 and 120-B of the Indian Penal Code and also to hold a preliminary enquiry in relation to the same. It is seen that the present Applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Special Court established under Chapter XXVIII of the Companies Act, 2013. Further, section 236(2) states that the complainant in all such cases shall be the Insolvency and Bankruptcy Board of India (IBBI). Thus, in so far as Applications in relation to Chapter VII is concerned only the Special Court is having jurisdiction to try and hear the said Applications. In so far as the relief as sought for by the Applicant, it is clear that this Adjudicating Authority is not a Special Court established under Chapter XXVIII of the Companies Act, 2013, but constituted under Section 408 of the Companies Act, 2013. Hence on the said count, the present Application filed by the Applicant is not maintainable and accordingly, this SR/851/2020 stands dism ..... X X X X Extracts X X X X X X X X Extracts X X X X
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