Power of NCLT to impose a penalty u/s 70 of IBC on non-cooperation by Suspended Directors u/s 19 of IBC – Mr. Rahul Gupta Vs. Chandra Prakash (Erstwhile RP) Now Liquidator of Gem Batteries Pvt. Ltd. – NCLAT New Delhi

In this case, NCLT imposed a cost of Rs. 10,00,000/- each on Members of the Suspended Board of Directors under Section 70 of the Code on failed to extend cooperation to the Liquidator. Hon’ble NCLAT, after careful perusal of six judgments on earlier occasions, concluded that clearly the Adjudicating Authority erred in passing the Impugned Order overlooking the law of the land (the Code) and also ignoring the precedent cases settled by this Appellate Tribunal, as discussed in preceding paragraphs.

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