All HC: Municipal Corp. to Ensure Availability of Clean Drinking Water to Residents of Lucknow  ||  Bom. HC: Bail Granted to Accused Who Wasn’t Produced Before Court on Seventy Previous Dates  ||  Delhi HC Seeks Explan. from Legal Services Committee on Failure to Assist Litigant Despite Requests  ||  Hemant Soren, Former CM of Jharkhand Moves SC After HC Dismissed Challenge to His Arrest by ED  ||  CESTAT: No Provision in Cenvat Credit Rules to Allow Cash Refund of Cess in Cenvat Credit Balance  ||  Delhi High Court: Parents to Bear Cost of Air Conditioning Services in Schools  ||  Ker. HC: Declining a Rape Victim to Terminate Pregnancy Violates Right to Live With Dignity  ||  SC: Can’t Apply Section 498A IPC Mechanically in All Cases of Ill-Treatment by Husband  ||  SC: To Summon Person u/s 319 CrPC as Additional Accused, Stronger Evidence is Needed  ||  SC: Trial Judges Should Take Participatory Role in Trial & Not Act as Mere Tape Recorders    

Mr. Rahul Gupta &Anr vs Mr Chandra Prakash - (NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (19 Oct 2023)

In order to initiate prosecution under Section 70 of the IBC, the complaint has to be filed by the IBBI or Central Government or person authorized by Central Government

MANU/NL/0860/2023

Insolvency

The instant appeal has been preferred against order passed by the National Company Law Tribunal, thereby, allowing the Application under Section 19(2) read with Section 19(3) of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 11 of the NCLT Rules, 2016. The Adjudicating Authority imposed a cost of Rs. 10,00,000 each on the Appellants under Section 70 of the IBC.

In decision of this Appellate Tribunal in the matter of Vikram Puri v. Universal Buidwell (P.) Ltd., Appellate Tribunal has observed that the prosecution under Section 70 of the Code is a separate and independent proceedings, which in no manner fetter power upon the Tribunal to invoke the Section 70 of the IBC.

In the matter of Sapan Mohan Garg, Resolution Professional of Sort India Enviro Solution Ltd. v. Manish G Patel &Anr. it has been held that in order to initiate prosecution under Section 70 of the IBC, the complaint has to be filed by the Insolvency and Bankruptcy Board of India (IBBI) or Central Government or person authorized by the Central Government.

Based on above detailed analysis, present Tribunal is unable to sustain the Impugned Order. The Impugned Order is set aside and matter remanded back to the National Company Law Tribunal, to have a fresh look of the case and decide in accordance with the law and pass suitable order. Appeal allowed.

Tags : PROSECUTION   COST   IMPOSITION  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved