# In the matter of New Chennai Township Private Limited SR-851-2020 in CP-636-(IB)-CB-2017

> NCLT judgment dated 2021-08-06. Citation: TCN-2021-NCLT-01423. The case originates from an application filed under Sections 70 and 72 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 6 Aug 2021
- **Citation:** TCN-2021-NCLT-01423
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/new-chennai-township-private-limited-sr-851-2020-in-cp-636-ib-cb-2017-e9837afd

## Summary

### Background

The case originates from an application filed under Sections 70 and 72 of the Insolvency and Bankruptcy Code (IBC), 2016, and Rule 11 of the NCLT Rules, seeking relief related to offences and penalties under Chapter VII of the IBC. The applicant/RP sought directions to register a criminal complaint against the respondent for offences under various sections of the Indian Penal Code (IPC) or, alternatively, to hold a preliminary inquiry into the alleged offences.

## Facts

L.K. Sivaramakrishnan, the Resolution Professional (RP) of M/s. New Chennai Township Private Limited, filed an application under Sections 70 and 72 of the Insolvency and Bankruptcy Code (IBC), 2016, and Rule 11 of the NCLT Rules, seeking certain reliefs. The application was filed against R.B. Srinivasan, CFO of Mar Limited. The RP sought directions from the Adjudicating Authority to register a criminal complaint against the respondent for offences allegedly committed under sections 191, 192, 193, 199, 200, 209, and 120-B of the Indian Penal Code (IPC), or alternatively, to hold a preliminary inquiry into these offences. The application was posted by the Registry of the Tribunal for maintainability.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority (NCLT) has the jurisdiction to entertain an application seeking …

**Ratio:** Section 236 of the Insolvency and Bankruptcy Code, 2016, stipulates that offences under

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**Reasoning:** The court reasoned that the Adjudicating Authority is not a Special Court established

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**Interpretation:** Section 236 of the IBC clearly designates a Special Court, established under

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**Application:** Since the Adjudicating Authority is not the designated Special Court, it cannot

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** L.K. Sivaramakrish…
- **Respondents:** New Chennai…; R.B. Srin…

## Timeline

- **2021-08-06 — Order Pron…**: The order was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 70 — Punishment for misconduct in course of corporate…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-70)

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