IBC 74 — Punishment for contravention of moratorium or the resolution plan

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Where  the corporate  debtor  or  any  of its  officer  violates  the  provisions  of  section  14,  any  such  officer  who knowingly or wilfully committed or authorised or permitted such contravention shall be punishable with imprisonment for a term which shall not be less than three years, but may extend to five years or with fine which shall not be less than one lakh rupees, but may extend to three lakh rupees, or with both.
(2) Where any creditor violates the provisions of section 14, any person who knowingly and wilfully authorised or permitted such contravention by a creditor shall be punishable with imprisonment for a term which shall not be less than one year, but may extend to five  years, or with fine  which  shall not be less than one lakh rupees, but may extend to one crore rupees, or with both.
(3) Where the corporate debtor, any of its officers or creditors or any person on whom the approved resolution plan is binding under section 31, knowingly and wilfully contravenes any of the terms of such resolution  plan  or  abets  such  contravention,  such  corporate  debtor,  officer,  creditor  or  person  shall  be punishable with imprisonment of not less than one year, but may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both.

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