The writ petitioner filed a grievance stating that the police refused to act on a First Information Report (FIR) registered by them against private respondents, citing a pending Corporate Insolvency Resolution Process (CIRP) related to the company in question. The petitioners relied on a previous judgment arguing that a moratorium does not prohibit criminal proceedings against the company or its directors.
India Infoline Finance Limited and another filed a writ petition against the State of West Bengal and others, alleging inaction by the police on a First Information Report (FIR) due to a pending Corporate Insolvency Resolution Process (CIRP). The police filed an affidavit stating that they had initiated a case and served a notice under Section 41A of the Criminal Procedure Code. The accused admitted to procuring a loan of Rs. 25 lakh from the petitioner company. The National Company Law Tribunal (NCLT), Kolkata Bench, had passed an order regarding the CIRP. The petitioners argued that a moratorium does not prohibit criminal proceedings. The police argued that they took sufficient steps in connection with the complaint.
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Order of morato…
An unreported judgment…
The writ petitioner filed a grievance stating that the police refused to act on a First Information Report (FIR) registered by them against private respondents, citing a pending Corporate Insolvency Resolution Process (CIRP) related to the company in question. The petitioners relied on a previous judgment arguing that a moratorium does not prohibit criminal proceedings against the company or its directors.
India Infoline Finance Limited and another filed a writ petition against the State of West Bengal and others, alleging inaction by the police on a First Information Report (FIR) due to a pending Corporate Insolvency Resolution Process (CIRP). The police filed an affidavit stating that they had initiated a case and served a notice under Section 41A of the Criminal Procedure Code. The accused admitted to procuring a loan of Rs. 25 lakh from the petitioner company. The National Company Law Tribunal (NCLT), Kolkata Bench, had passed an order regarding the CIRP. The petitioners argued that a moratorium does not prohibit criminal proceedings. The police argued that they took sufficient steps in connection with the complaint.
Order of morato…
An unreported judgment…