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2019 (4) TMI 1772 - NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCHMaintainability of application - Attachment of personal assets - it is alleged that respondents are responsible for defrauding the creditors, in order to recover the total dues - principles of res-judicata - scope of Section 66 of the I&B Code - sufficient evidence produced by the Applicant like Forensic Report or not - HELD THAT:- The present application is filed stated to be revised Application of earlier IA No. 269 of 18 dated September, 2018, under same Sections by seeking same relief, after adding some other respondents, by inter alia seeking to attach personal assets of Respondents No. 1 to 3 without disclosing as what are properties to be attached basing the finding of Forensic Audit report. It is true that once an application/petition is disposed of finally, normally another application/petition is not maintainable on the same issue basing on the principles of res-judicata. However, basing on the material evidence like Forensic Audit Report submitted by the Applicant, we are not inclined to throw the application on technical grounds and to decide the matter on merits of the case. The Learned Resolution professional has not placed any substantial material before the Tribunal to show as what course of action she has taken in pursuance to the order dated 24th October, 2018 passed in IA No. 269 of 2018 except merely contending that that Criminal action is separate and Section 66 proceedings are different and thus there is no bar for the applicant to file an another application in view of new material i.e. Forensic Audit Report available. It is true Section 60(4) of Code confers powers on the Adjudicating Authority with all the powers of Debt Recovery Tribunal for the purpose of CIRP, Liquidation or Bankruptcy etc. However, basing on various allegations of fraud on the part of the Ex- Directors of Corporate Debtors since the year 2011, the matter requires further investigation basing on the Forensic Audit Report. The findings given in Forensic Audit Report only prima established the fraudulent transactions, in question. Therefore, it is necessary to conduct further investigation by SFIO in the affairs of Company basing on the findings given in Forensic Audit Report, after affording proper opportunity to concern opposite parties to defend them - Hence, we are inclined to refer the matter to SFIO for further investigation by invoking powers conferred U/s. 212/213 of the Companies Act, 2013 and thereafter, aggrieved party can take appropriate legal course of action. Application disposed off.
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