The Appellate Tribunal allowed the appeal, setting aside the ...

Revival of insolvency process ordered due to resolution officer's failure to disclose creditor claims.

Case Laws     IBC

October 18, 2024

The Appellate Tribunal allowed the appeal, setting aside the order dismissing the application for revival of the Corporate Insolvency Resolution Process (CIRP). The Interim Resolution Professional (IRP) failed to disclose claims, misleading the Adjudicating Authority. Despite the Appellant submitting a claim before the deadline, the IRP misrepresented that no claims were outstanding, leading to the premature termination of CIRP. The Appellate Tribunal held that the Adjudicating Authority cannot condone the IRP's lapses by relegating the Financial Creditor to alternative remedies, as it would reward the statutory authority's unprofessional conduct. Consequently, the appeal was allowed to rectify the injustice caused by the IRP's misrepresentation and concealment of facts.

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