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TMI Blog2023 (5) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... a binding precedent, in Usha Ananthasubramanian Vs. Union of India [ 2020 (2) TMI 1081 - SUPREME COURT] , which pertains to a matter under Section 339(1) of the Companies Act, 2013 which is pari materia with Section 66 of IBC. The High Court in the case of Sudipa Nath [ 2023 (1) TMI 921 - TRIPURA HIGH COURT] has rightly observed that an application under Section 66(1) by the resolution professional would not bar any civil action in accordance with law, either at the instance of resolution professional or liquidator or by the corporate debtor in its new avatar on a successful CIRP for recovery of any dues payable to the corporate debtor by such organization / legal entities. Such legal action is independent of Section 66(1). It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 6408 of 2022 extending the transit anticipatory bail granted to the Respondents herein, who are stated to be suspended directors of LHL . 3. Vide judgment and order dated 24.02.2023 which was dismissed on the ground that the applicant (petitioner in the Special Leave Petition (Criminal) Diary No. 6732 of 2023) had no locus in the matter, as he was neither the informant nor a party to the proceedings, pending before the High Court and is totally unconnected with the first Information Report lodged by the financial creditors who were also the members of the committee of creditors. The applicant has again approached this Court by means of the instant application seeking clarification of the aforesaid order. 4. Learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indirectly get over with the judgment and order dated 18.01.2023 in WP(C) (PIL) 04 of 2023 passed by Tripura High Court. Such an endeavor, in the guise of a clarification, cannot be permitted. 8. We may also observe that the Tripura High Court has rightly relied upon the observations made by this Court in a binding precedent, in Usha Ananthasubramanian Vs. Union of India , which pertains to a matter under Section 339(1) of the Companies Act, 2013 which is pari materia with Section 66 of IBC. The High Court in the case of Sudipa Nath (Supra) has rightly observed that :- 13 .. That Section 66 (1) also directed towards making such persons personally liable for such fraudulent trading to recouping losses incurred thereby and to p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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