Mukherji, Sourya Gopal (2026) Managerial Liability under Companies Act and Insolvency of Corporate Debtor: Three Interventions. Indian Review of Corporate and Commercial Laws. National Law Institute University, Bhopal, India. Available at: https://www.irccl.in/post/managerial-liability-und...
Managerial Liability under Companies Act and Insolvency of Corporate Debtor.pdf - Published Version
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Abstract
In 2020, National Company Law Tribunal (NCLT) Ahmedabad, in Pradyumankumar Dwarkadas Patel v. Bhupendrabhai Dwarkadas Patel and Others (Pradyumankumar) ruled that petition under Section 241-242 of the Companies Act 2013 (Act) against the management of a corporate debtor (CD) will not be maintainable and would become infructuous when the application for CIRP under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC) is admitted. In this case, the respondents relied on Innoventive Industries Limited v. ICICI Bank and Another (2017), wherein the Supreme Court (SC) held that upon commencement of corporate insolvency resolution process (CIRP), Section 17 of the IBC divests the erstwhile management of its powers and vests them in the interim resolution professional thereby rendering the petitions against the erstwhile management liable to be dismissed. The tribunal offered a similar rationale in its judgement observing that when a CD is undergoing CIRP, disputes with regard to oppression and mismanagement cannot be dealt with as the management itself is suspended and the affairs of the CD would never come again in their hands.
| Item Type: | Other Article |
|---|---|
| Uncontrolled Keywords: | IBC | Insolvency | Companies Act | CIRP | NCLT | NCLAT | Corporate Debtor | Pradyumankumar |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| Depositing User: | Mr. Syed Anas Ali |
| Date Deposited: | 26 Aug 2026 09:15 |
| Last Modified: | 26 Aug 2026 09:15 |
| Official URL: | https://www.irccl.in/post/managerial-liability-und... |
| URI: | https://pure.jgu.edu.in/id/eprint/12330 |
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