Resolution professional seeks ‘immunity’ after FIRs by Bhatia Coke and Energy promoters
The Chennai bench of NCLT has ordered the Madhya Pradesh and Tamil Nadu police to not take action on FIRs filed against resolution professional of Bhatia Coke and Energy Limited, and also give police protection to the RP and his family after life threats by the erstwhile directors of the corporate debtor.
The directors have filed cases against the resolution professional – Subrata Monindranath Maity — under different sections of the IPC in both MP and Tamil Nadu.
After the life threats and police complaints against himself, the resolution professional had moved the NCLT bringing to its notice the continuous harassment he is being subjected to and sought protection from these threats.
The RP pleaded in the NCLT that if he put to harassment in the hands of police and other authorities, he would not be able to discharge his duties.
The NCLT accepted that there is danger to the life of the RP. It also observed that FIRs lodged against the RP are related to the CIRP process, and it said that if RP had committed any irregularities, the ex-directors could have approached the NCLT. But the ex-directors have not lodged any complaints against the RP with the tribunal.
The NCLT also said that for lawful discharge of its duties, filing criminal charges against the RP is not appropriate.
“If every resolution professional is bombarded with criminal prosecution and police investigation, then no RP will be able to conduct CIRP without fear and favour. Since the entire allegation in FIR relates to CIRP under IBC by RP, this tribunal ought to protect the RP and his team,” said the NCLT.
It also allowed the RP to take necessary actions to protect and safeguard including quash of FIR before concerned courts.
The NCLT also said that the police is permitted to act as per Criminal Procedure Code, but they cannot harass or arrest until the RP’s application is disposed off by the NCLT.
