TaxTMI 
TaxTMI 
2022 (2) TMI 906
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....pondents. With the consent of the Learned Counsel for the parties, the Appeal is disposed of at the stage of admission itself. 2. This Appeal has been filed against the judgment dated 16.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court-V on I.A 4480/2020. By I.A 4480/2020 filed by the Resolution Professional direction was sought that suspended directors and management be directed to handover the complete books of accounts and other financial records and information to Resolution Professional and further all the fixed assets which belong to the Corporate Debtor and provide for clarification and explanation as to the financial transactions which have been reported in Provisional Transaction Audit....
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....o institute a criminal case against both the Suspended Board of Directors under Section 70 of the IBC along with the other relevant Sections of the law. With this the present application stands disposed of." 3. Dr. Farrukh Khan, Learned Counsel for the Appellant submits that there was no occasion to issue any direction for initiating prosecution by Resolution Professional under Section 70. He further submits that all documents have been supplied by the Appellant and it was Respondent No.2 who could have been asked for any further document if required. He submits that a police complaint has been filed by the Resolution Professional before the Police Station, Kalkaji on which an F.I.R has not yet been registered and Police is making enquiry ....
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....peration and information not supplied and any offence is committed within the meaning of Section 70 of the Code, it is true that neither the Adjudicating Authority nor Resolution Professional can initiate the prosecution under Section 70 and the prosecution under Section 70 can be initiated only in manner as provided under Section 236 which is to the following effect:- "236. Trial of offences by Special Court. - (1) Notwithstanding anything in the Code of Criminal Procedure, 1973(2 of 1974), offences under of this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013). (2) No Court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Bo....