Violation of res judicata principles u/s 11 of the Code of Civil ...

Insolvency proceedings marred by eligibility issues, procedural lapses & overstepping jurisdiction.

Case Laws     Insolvency and Bankruptcy

August 17, 2024

Violation of res judicata principles u/s 11 of the Code of Civil Procedure, 1908, suppression of relevant facts from the Committee of Creditors (CoC), discrepancy in examining financial capability and eligibility of a Joint Resolution Applicant who is a former director of the Corporate Debtor and also a director in another company undergoing CIRP proceedings, disposal of the Corporate Debtor's assets without CoC approval, executing lease agreements with Prospective Resolution Applicants without CoC approval, and the review of an order by the Disciplinary Committee. The key issues are the eligibility of the Joint Resolution Applicant, non-compliance with Section 30(2) of the Insolvency and Bankruptcy Code regarding the Resolution Professional's obligations, and the Disciplinary Committee's jurisdiction to sit in appeal against its own order. The court held that the principles of res judicata do not apply, the Resolution Professional failed to exercise due diligence, and the Disciplinary Committee's determination regarding the Resolution Professional's contraventions was appropriate, leading to the dismissal of the petition.

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