NCLT directs a Bank Officer to deposit the amount of cheque encashed after initiation of CIRP/ during CIRP – Mr. Niraj Kumar Agrawal, RP of Raghav Sarees Pvt. Ltd. Vs. Narendra Kumar Agarwal & 3 Others – NCLT Kolkata Bench
Vide order dated 13.06.2022, CIRP was initiated u/s 7 of IBC. The RP found that there is violation of moratorium by Bank and immediately wrote e-mail to Bank. In response, Bank had duly replied stating that the cheque was handed over before commencement of CIRP.
Thereafter, the RP obtained copy of cheques and found that the cheque for Rs. 66,000/- was dated post CIRP and also deposited post CIRP date i.e. on 16.06.2022.
NCLT Kolkata Bench directed the respondent No. 1, (Bank Officers) to deposit the said amount of Rs.76,693/- with the RP within two weeks of communication of this order to him. If he failed to do so within the aforesaid time, appropriate order will be passed under the provisions of the Insolvency and Bankruptcy Code, 2016.
