IBC, 2016 : Resolution Professional Is a Public Servant

 IBC, 2016 : Resolution Professional Is a Public Servant

A recent Judgment has been passed on 5 April 2023 by Hon'ble Jharkhand High Court in Cr.M.P. 1048 of 2021.

In Sanjay Kumar Agarwal v CBI [2023] GCtR 837 (Jharkhand), it has been held that the resolution professional will come within the meaning of a public servant under Section 2(c) the PC Act.

Written by 

Vishal

Delhi

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IRP has to Constitute a Committee of Creditors (CoC) under IBC, 2016

IRP has to form a Committee of Creditors under IBC, 2016 

Insolvency and Bankruptcy Code, 2016 is interesting. 

Section 18 (c) of IBC, 2016 indicates that Interim Resolution Professional has to constitute a committee of creditors. 

One can go through Innoventive Industries Ltd v ICICI Bank Ltd [2017] GCtR 1171 (SC) for more details about IBC, 2016. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.