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        Case ID :
        Indian Laws

        Dishonour of Cheque - compounding of offence - Requirement of...

        Cheque Dishonor Case Tied to Insolvency: Court Examines Consent Refusal on Rs. 3 Crore Claim as Legal Process Abuse.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Dishonour of Cheque - compounding of offence - Requirement of consent of non-applicant - CIRP proceedings have been initiated against the Accused company and its directors - The non-applicant no.2, thus, appears to have raised his claim for recovery of the amount on 03.01.2018 before the IRP. Admissible recovery, whether of Rs.3 crores or otherwise, will be considered before the IRP and in terms of the provisions of the IBC Code, 2016. In the circumstances, to not offer consent on the ground that the applicants owe dues to the non-applicant no.2 to the tune of Rs. 3 crores is, in my considered opinion, an abuse of process of law - HC
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