Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 136 SW 2018
Mediaman Info. Tech Pvt. Ltd. Vs Sanjay and ors.
CNR-MHMM18-006860-2018
COMMON ORDER BELOW EXHS.3 AND 4
1. Perused record, heard learned advocate for the complainant.
2. By way of this application the complainant sought withdrawal of V.P.
and seeking directions against Interim Resolution Profession (I.R.P.), to
prosecute the matter.
3. The main ground assigned is that by order of N.C.L.T. dated 18.11.2022,
the complainant seized to have Director/authorized representative of the
complainant company and can not proceed with the matter in view of the
contents of the order, particularly Para No.29.
4. The complaint is in respect of various offences punishable under
provisions of Indian Penal Code, mainly criminal breach of trust, cheating and
forgery. The relevant directions issued by N.C.L.T. to I.R.P. are in respect of
civil liabilities of the complainant company. The I.R.P. appointed can not be
compelled to prosecute the criminal matter and that too of such a nature in
which the present authorized representative can prosecute. Moreover, there is
every possibility if I.R.P. remained absent the complaint may be dismissed and
as such complainant will suffer irreparable loss. Therefore, applications can not
be allowed. Accordingly, order -
ORDER
Both the applications rejected. Matter is adjourned for argument on issue
process.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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