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TMI Blog2022 (2) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... der impugned has been passed in exercise of power under Section 19(2) of the IBC. Section 19 of the IBC gives extensive power to the Adjudicating Authority to issue direction to the personnel of the Corporate Debtor to cooperate. The prosecution under Section 70 has to be on complaint filed by the Board or Central Government or person authorized by the Central Government. The submission of the Learned Counsel for the Appellant that Resolution Professional is not empowered to initiate the prosecution is correct. Learned Counsel for the Resolution- Resolution Professional has however, explained that no prosecution has been initiated under Section 70 by the Resolution Professional and he has only sent the information to the Board and it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Professional direction was sought that suspended directors and management be directed to handover the complete books of accounts and other financial records and information to Resolution Professional and further all the fixed assets which belong to the Corporate Debtor and provide for clarification and explanation as to the financial transactions which have been reported in Provisional Transaction Audit Report. Further, direction was sought to the suspended directors to extend full assistance and cooperation in complete harmony and peace to the Resolution Professional. On the Application filed by the Resolution Professional, the parties were heard and by impugned order, Learned Adjudicating Authority has come to the conclusion that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng prosecution by Resolution Professional under Section 70. He further submits that all documents have been supplied by the Appellant and it was Respondent No.2 who could have been asked for any further document if required. He submits that a police complaint has been filed by the Resolution Professional before the Police Station, Kalkaji on which an F.I.R has not yet been registered and Police is making enquiry with regard to the said complaint. 4. Learned Counsel for the Respondent No.1 submits that there has been total non-cooperation by the Appellant and the Respondent No.2. Requisites documents were never provided which compelled the Resolution Professional to file an Application under Section 19(2) on which the impugned order has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 236 which is to the following effect:- 236. Trial of offences by Special Court. - (1) Notwithstanding anything in the Code of Criminal Procedure, 1973(2 of 1974), offences under of this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013). (2) No Court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Board or the Central Government or any person authorised by the Central Government in this behalf. (3) The provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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