ORDER

(Hybrid Mode)

24.04.2024:

1. Very short issue which is involved consideration, herein before this Tribunal, is regards maintainability of proceedings as drawn under Section 340 of Cr.P.C., before the learned Adjudicating Authority. The Appellant herein being aggrieved against the rejection of IA/1126/2023, had preferred this Company Appeal. By virtue of the Impugned Order dated 24.07.2023, as a consequence of the impugned decision rendered by the learned Adjudicating Authority, on the aforesaid Interlocutory Application, on 24^th July 2023, the National Company Law Tribunal, has taken a view that IA as preferred by the Appellant under Section 340 (1) Cr. P. C. before it, would not be sustainable before the Tribunal by drawing an opinion, that the Tribunal since being a Special Court, as per the Provisions contained under Section 236(1) of Insolvency and Bankruptcy Code, hence, the same would lack the power to draw the proceedings of Contempt under Section 340 of the Code of Criminal Procedure.

2. Heard the Appellant in person and the Learned Counsel for the Respondent, after having perused the Impugned Judgment dated 24.07.2023 under challenge, and the entire records.

3. The c