TMI Blog2022 (6) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... t so constituted in terms of Section 435(1)(a) of the Companies Act, 2013. After considering the documentary evidence placed on record, this Court is satisfied that prima facie the aforesaid offences under the Insolvency Bankruptcy Code, 2016 have been committed by the accused person. Thus, cognizance of said offences is taken - Since the present complaint has been made by a public servant in his official capacity, the pre-summoning evidence is required to be dispensed with in view of proviso to Section 200 CrPC. List on 07.07.2022. - CC/1380/2021 - - - Dated:- 9-3-2022 - (SUMIT DASS) ASJ-03 SPECIAL JUDGE (COMPANIES ACT) DWARKA COURTS (SW)/NEW DELHI Present: Ms. Saahila Lamba, ld. counsel for the complainant/IBBI. Arg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocuments from Resolution Professional. It is also alleged that Corporate Insolvency Resolution Process was initiated under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code ) in respect of the Corporate Debtor by an order dated 09.03.2018 passed by NCLT and Mr.Anurag Nirbhaya was appointed as an Interim Resolution Professional (IRP) and subsequently Mr.Kashi Vishwanathan Sivaraman was appointed as the Resolution Professional. It is alleged that subsequent to his appointment, Interim/Resolution Professional contacted the accused persons and requested them to provide the requisite financial data and essential information with regard to the Corporate Debtor. However, despite consistent efforts made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e nor informed innocent homebuyers about the cancellation of the lease deed and in fact continued collecting money from the homebuyers by representing false status of the undergoing project on said property. The factum of defrauding the creditors of the Corporate Debtor by the accused persons is also recorded by the NCLT in its order dated 20.02.2020. Based on aforesaid averments/allegations, it is claimed that the accused persons have violated the provisions contained in Sections 70, 73 (b) and 19(1) r/w Section 235A of the Code and are liable to be punished accordingly. The present complaint has been instituted through General Manager of IBBI viz. Sh.Rajesh Kumar, in whose favour Authorization letter has been executed on behalf of I ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
