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2020 (10) TMI 267 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:-Section 236 of the Code provides that all offences under the Code shall be tried by a Special Court constituted as aforesaid under the Companies Act. Section 236(2) provides that no Court shall cognizance of the offence punishable under the Code save on a complaint made by the Board (IBBI) or the Central Government or any person authorised by the Central Government in this behalf. Similar provision is also enshrined under Section 439 of the Companies Act. The allegations made when proved may entail punishment and/or fine. Therefore, this Authority would not be in a position to make any comment or give any finding on the allegations made in the Application. Application rejected.
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