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Under section 196(3) of the Insolvency and Bankruptcy Code, 2016, when the Insolvency and Bankruptcy Board of India summons persons or requires the production of books and documents, it has the same…

Question and options

Under section 196(3) of the Insolvency and Bankruptcy Code, 2016, when the Insolvency and Bankruptcy Board of India summons persons or requires the production of books and documents, it has the same powers as are vested in which authority?

  1. A civil court under the Code of Civil Procedure, 1908

  2. A criminal court under the Bharatiya Nagarik Suraksha Sanhita, 2023

  3. An inspector of the Central Government under the Companies Act, 2013

  4. The National Company Law Tribunal under the Companies Act, 2013

Answer and explanation

Correct answer: A - A civil court under the Code of Civil Procedure, 1908

Section 196(3) of the Insolvency and Bankruptcy Code, 2016 gives the Board, for the matters it lists, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, such as discovery and production of books, summoning and examining persons on oath and issuing commissions. The NCLT is the adjudicating authority under the Code, but the Board's investigative powers are not borrowed from it.

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