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Judgment
ORDER
IA -4481/2024: The prayer made in the captioned application reads thus:-
The operative portion of order dated 12.11.2021 reads thus:-
The Ld. Counsel for the Liquidator submitted that the ex-promoter who is judgment debtor qua the aforementioned order resides in Noida.
As can be seen on the provisions of Section 424 (3) of Companies Act, 2013, any order made by this Tribunal may be enforced in the same manner as if it is a decree passed by a Court in the suit pending therein. It shall be lawful for the Tribunal or the Appellate Tribunal to send its order for execution to the Court within the local limits of whose jurisdiction the person concerned voluntarily resides. Section 424(3) of Companies Act, 2013 reads thus:-
In the wake of the aforementioned provisions of the Companies Act, the present petition is disposed of with the direction that the Liquidator shall produce this order before the Court within the local limits of whose jurisdiction judgment debtors are residing. The concerned Civil Court shall ensure that the enforcement of the order dated 21.11.2021 in its letter and spirit by taking all the measures as required to do the needful.
It is also noticed that the RP/Applicant was required to initiate criminal prosecution against the Respondent under Chapter-VII of IBC, 2016. As can be seen from the provisions of Section 236 of IBC, 2016, the special court may take cognizance of the offence committed under IBC upon the complaint by IBBI. Let a copy of this order be sent to IBBI to take steps in accordance with the law. The Application stands disposed of.
IA-2078/2023, IA-5674/2024: It is already 4:45 pm. List all pending applications on 11.06.2025.