Sapan Mohan Garg vs Manish G. Patel & Anr

IN THE MATTER OF: Sapan Mohan Garg Resolution Professional of Sort India Enviro Solutions Ltd. ...Appellant Versus

Manish G Patel & Anr. ...Respondents Present:

For Appellant : Mr. Milan Singh Negi and Mr. Niwhil Kuamr Jha, Advocates. For Respondents : None

ORDER

09.09.2022: This Appeal is directed against the order dated 06.09.2021

passed by the Adjudicating Authority (National Company Law Tribunal,

Ahmedabad) Court-2, by which an application bearing I.A. No.577 of 2021 filed

by the Appellant (RP) invoking Section 70 of the Insolvency and Bankruptcy

Code, 2016 (for short 'Code') was dismissed only on the ground that the

Tribunal lacks jurisdiction to entertain such an application. Counsel for the

Appellant, during the course of hearing, has referred to a decision of this

Tribunal passed in CA (AT) (Ins) No. 169 of 2022, in the matter of 'Vivek

Prakash (Suspended Director & MD) vs. Dinesh Kr. Gupta, Liquidator of M/s

Jarvis Infratech Pvt. Ltd. & Anr.' dated 21.02.2022, passed by National

Company Law Appellate Tribunal in which it has been held that the RP is not

empowered to initiate the prosecution but at the same time, it has been held

that in order to initiate prosecution under Section 70 the complaint has to be -2-

filed by the Insolvency and Bankruptcy Board of India (IBBI) or Central

Government or person authorized by the Central Government.

In view of the aforesaid facts and circumstances, we do not find any error

in the order of the Ld. Tribunal, therefore, the present Appeal is hereby

dismissed. However, liberty is granted to the RP to file an appropriate

application to the IBBI in this regard, if so advised.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

sr/kam

Company Appeal (AT) (Ins) No. 837 of 2021