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2022 (6) TMI 315

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..... itioner : Mr.E.M.Sachin For the Respondents : Mr.K.Srinivasan (For R1) Special Public Prosecutor(C.B.I. cases), High Court of Madras. Mr.K.S.JeyaGaneshan (For R2) (Sr. panel counsel) Mr.S.Ramesh for R3. ORDER This petition is filed seeking direction to the first respondent to register the complaint filed by the petitioner dated 24.12.2021 against the third respondent for committing various o .....

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..... allegations, a complaint was given to the first respondent on 24.12.2021, including other allegations as well. However, no first information report was registered so far. Therefore, this petition. 4. Heard the learned counsel for the petitioner and the respondents 1 to 3. 5. Learned Special Public Prosecutor appearing for first respondent submitted on instructions that, petitioner has given com .....

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..... ch - I Chennai, in its order dated 23.12.2020, observed that third respondent was appointed as Interim Resolution Professional on an application filed under Section 9 of the Insolvency and Bankruptcy Code and then, the third respondent was confirmed to act as a Resolution Professional of the Corporate Debtor namely RA-Ni Precast Pvt Ltd. A period of 330 days time was given for preparing resolution .....

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..... ings, petitioner had created an encumbrance by executing a lease agreement of the debtor's property. The execution of this lease agreement and creation of encumbrance on 10.06.2021 was intimated to National Company Law Tribunal through I.A.383/CHE/2021 and it is pending for enquiry. 8. With regard to the allegations of not accepting the no due certificate, the alleged receipt of illegal grati .....

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..... e parties, the third respondent appears to have acted as per the terms and conditions imposed in the order dated 23.12.2020. If at all the petitioner has any grievance, is open to the petitioner to approach the appropriate forum as provided under Section 217 and 218 of the Insolvency and Bankruptcy Code, 2016. There is no prima-facie case made out to register a criminal complaint against the third .....

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