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2022 Supreme(Cal) 1219

BIBEK CHAUDHURI
Shiv Siddhant Narayan Kaul – Appellant
Versus
Inslovency And Bankruptcy Board Of India – Respondent


Advocates appeared:
Sandipan Ganguly, Advocate, Tamal Mukherjee, Advocate, Rupraj Banerjee, Advocate, Rahul Auddy, Advocate, Aditya Gupta, Advocate, A.K.Tiwary, Advocate, P.N.Mishra, Advocate, K.K.Tiwary, Advocate, Kushal Mukherjee, Advocate, A.P. Tiwary, Advocate

JUDGMENT

Bibek Chaudhuri, J. - The petitioner is impleaded as an accused in complaint Case No.INS 1 of 2020 under Section 236 of the Insolvency and Bankruptcy Code (IBC) alleging commission of offence by him and other accused persons punishable under Section 70(1)(b) read with Sections 19(1) and 34(3) of the IBC. The said complaint is pending before the Trial Judge, 2nd Special Court, Calcutta for trial and disposal.

2. In the said proceeding filed by the Deputy General Manager, Insolvency and Bankruptcy Board of India, the petitioner filed an application under Section 205 of the Code of Criminal Procedure for exempting him from personally appearing before the trial court on each and every date of the said criminal proceeding on 9th March, 2021. Subsequently, on 31st March, 2022 he filed a supplemental application to the original application under Section 205 of the Cr.P.C annexing certain documents in support of his prayer.

3. It would not be out of place to mention that the aforesaid complaint was filed against three other accused persons. Remaining accused persons also prayed for exemption of personal appearance during trial on various grounds stated in their respective application

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