In the matter of Healthcare Associates Private Limited IA(I.B.C)-430(KB)2021 in C.P.(Ib) No. 41-KB-2021
Case brief
What is this about?
The NCLT considered an application for prosecution on behalf of perjury alleged in an insolvency petition. The court held that a detailed hearing on the merits of the perjury plea is required before determining expediency for prosecution.
What the court decided
IN THE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH COURT-I KOLKATA
IA(I.B.C)/430(KB)2021
C.P(IB) No. 41/KB/2021
An application under Section 65 of the Insolvency and Bankruptcy Code, 2016 read with rule 11 of the National Company Law Tribunal Rules, 2016
In the matter of:
INDIA MEDTRONIC PRIVATE LIMITED
…… Operational Creditor
VERSUS
HEALTHCARE ASSOCIATES PRIVATE LIMITED
…… Corporate Debtor
And
In the matter of:
Issues for consideration
2 issues framed by the court
Whether the Adjudicating Authority can order prosecution under Section 340 CrPC for alleged perjury in a Section 9 application under the IBC.
Whether the Tribunal can形成 a prima facie case of deliberate falsehood based on allegations of false affidavits.
Parties & counsel
- applicant
Healthcare Associates Private Limited
- respondent
India Medtronic Private Limited
Coram
Rohit Kapoor
Case details
As recorded by the court registry
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