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IBC - Highlights / Catch Notes

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CIRP - Jurisdiction of Adjudicating Authority - imposition of ...


Adjudicating Authority Cannot Impose Fines Under Insolvency and Bankruptcy Code, Jurisdiction Limited to Specific Penalties.

January 2, 2024

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Jurisdiction of Adjudicating Authority - imposition of cost / fine and intent of Section 70 of IBC - There are no hesitation in holding that the word “fine”, used consciously by the Adjudicating Authority in the Impugned Order, is covered in penalty which is required to be dealt under Section 70 and 236 of the Code and which further is not within jurisdiction of the Adjudicating Authority. - AT

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