2021 (9) TMI 117

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....r (J) And Anil Kumar B., Member (T) For the Appellant : V.V. Sivakumar, Chethan Sagar and B. Kishore, Advocates For the Respondents : B. Ramana Kumar and S. Harishkumar, Advocates ORDER R. Sucharitha, Member (J) 1. Under consideration is an application which is moved by the Applicant/RP under Section 70 and 72 of the Insolvency and Bankruptcy Code, 2016 and Rule 11 of the NCLT Rules....

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....against the Respondent for such offences; c) Pass an appropriate Order and issue appropriate directions under section 340 and Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973; order and direct the respondent to furnish such security for his appearance before the Magistrate as it deems fit and proper; and d) Pass such order reliefs as the nature and circumstances of th....

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....cial Court and same reproduced given below:- 236. (1) Notwithstanding anything in the Code of Criminal Procedure, 1973, offences under this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act. 2013. (2) No Court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Board or the Central Government....

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....ffences under IBC shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013. Further, section 236(2) states that the complainant in all such cases shall be the Insolvency and Bankruptcy Board of India (IBBI). Thus, in so far as Applications in relation to Chapter VII is concerned only the Special Court is having jurisdiction to try and hear the said Applicatio....