# In the matter of Bhatia Coke and Energy Limited IA-05-2021 in IBA-307-2019

> NCLT judgment dated 2021-01-12. Citation: TCN-2021-NCLT-03315. The application was filed by the Resolution Professional (RP), Mr. Subrata Monindranath Maity,…

- **Court:** NCLT
- **Order date:** 12 Jan 2021
- **Citation:** TCN-2021-NCLT-03315
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhatia-coke-and-energy-limited-ia-05-2021-in-iba-307-2019-500c0586

## Summary

### Background

The application was filed by the Resolution Professional (RP), Mr. Subrata Monindranath Maity, who was appointed by the Tribunal to take over the insolvent company M/s. Bhatia Coke and Energy Limited and conduct the Corporate Insolvency Resolution Process (CIRP). The RP has faced harassment while discharging his duties, leading to the filing of this application. Allegations have been made against the RP under various sections of the Indian Penal Code (IPC) by the company's former directors, resulting in criminal prosecution. FIRs have been filed in Madhya Pradesh and Tamil Nadu, and a private complaint has been registered by the 6th Respondent.

## Facts

Mr. Subrata Monindranath Maity was appointed as the Resolution Professional (RP) for M/s. Bhatia Coke and Energy Limited to conduct the Corporate Insolvency Resolution Process (CIRP). The RP faced allegations under Sections 406, 408, 417, 468, 471, 506(i), and 420 of the Indian Penal Code (IPC) by the company's former directors, leading to criminal prosecution. FIRs were filed in Madhya Pradesh and Tamil Nadu, and a private complaint was registered by the 6th Respondent. The RP, his team, and their families were allegedly threatened by the former directors. The RP filed an application seeking protection from harassment while discharging his duties. The contents of the FIRs relate to the CIRP work under the Insolvency and Bankruptcy Code (IBC).

## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) and his team are entitled to protection from harassment …

**Ratio:** The court has a duty to protect the RP and his team to ensure the smooth conduct of the

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**Reasoning:** The court reasoned that if every Resolution Professional is bombarded with criminal

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**Interpretation:** The interpretation is that the RP, as an officer of the court, needs to be

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**Application:** The court applied this reasoning to the specific facts by directing the police

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** Subrata Monindrana…
- **Respondents:** BHATIA COKE AND…; SURENDER SINGH…

## Timeline

- **2021-01-12 — Hearing…**: Hearing of Chennai Bench, Chennai National Company Law Tribunal held on 2021-01-12 at…
- **2021-03-05 — Next Hearin…**: IA/05/2021 along with IA/06/2021 listed on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(3) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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