A complaint by the former director with the SHO, Police Station against Resolution Professional would not be maintainable and competent as the complaint is not lodged by the IBBI. The jurisdiction would vest with Investigation Officer only when a complaint is filed by IBBI – M/s Alchemist Asset Reconstruction Co. Ltd Vs. M/s Hotel Gaudavan Pvt. Ltd. – NCLT Mumbai Bench
December 13, 2017
NCLT held that if, there is any complaint against the Insolvency Professional then the IBBI is competent to constitute a disciplinary committee and have the same investigated from an Investigating Authority as per the provision of section 220 of the Code. If, after investigation IBBI finds that a criminal case has been made out against the Insolvency Resolution Professional then the IBBI has to file a complaint in respect of the offences committed by him. It is with the aforesaid object that protection to action taken by the IRP in good faith has been accorded by section 233 of the Code. There is also complete bar of trial of offences in the absence of filing of a complaint by the IBBI as is evident from a perusal of section 236(1)(2) of the code. Therefore, a complaint by the former director with the SHO, Police Station would not be maintainable and competent as the complaint is not lodged by the IBBI. The jurisdiction would vest with Investigation Officer only when a complaint is filed by IBBI.
