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The Court rejected the CBI's argument that the duties of insolvency resolution professionals under the IBC should be read as “Public Duties."
According to experts, the apex court’s decision has clarified the role of the Resolution Professional in the case of a personal guarantee to being a ‘facilitator’ and not an ‘adjudicator’.
The Supreme Court today (07.11.2023) commenced its hearings in a batch of petitions challenging the constitutionality of various provisions of the Insolvency and Bankruptcy Code (IBC) relating to...
The Supreme Court has ruled that resolution professionals (RPs) do not have the authority to file appeals against bankruptcy court decisions since they are considered "neutral" individuals appointed to assist the tribunals. Only parties directly affected, such as the Committee of Creditors (CoC), can file appeals. Legal experts believe this decision will help speed up insolvency resolutions. The court's ruling came in response to an appeal filed by the RP of Regen Powertech, who challenged decisions made by the National Company Law Appellate Tribunal (NCLAT).