Jan 23, 2025

NCLAT Holds that RP Cannot Reverse Cancellation of Units by Corporate Debtor Prior to Initiation of CIRP

NCLAT in Mrs. Supriya Singh and Ors. v. M/s. Ansal Urban Condominiums Pvt. Ltd.,[1] held that a resolution professional does not have adjudicatory powers and cannot reverse the decision taken by the corporate debtor prior to initiation of CIRP under the IBC with respect to cancellation of units purchased by home buyers. The NCLAT held that the committee of creditors as well as the resolution professional could not have revoked the cancellation as it was beyond their jurisdiction.

[1] Mrs. Supriya Singh and Ors. v. M/s. Ansal Urban Condominiums Pvt. Ltd., Company Appeal (AT) Insolvency No. 1974 of 2024.

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