"Resolution Professional/Liquidator is facing possibility of physical assault and non-co-operation from the various participants of the Corporate Insolvency Resolution Process/Liquidation." In the above situations whethe

CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · June 2025
"Resolution Professional/Liquidator is facing possibility of physical assault and non-co-operation from the various participants of the Corporate Insolvency Resolution Process/Liquidation." In the above situations whether Resolution Professional (RP)/Liquidator can seek police protection by obtaining order from Adjudicating Authorities (AA). Referring relevant case law brief whether AA has power to direct the police authorities to assist the Resolution Professional or Liquidator and also brief on the powers of AA under the above circumstances.

Answer & Explanation:

Yes, a Resolution Professional (RP)/Liquidator can seek police protection by obtaining an order from the Adjudicating Authorities (AA). In Punjab National Bank v. Mintri Tea Company (P) Limited [2018] 98 taxmann.com.494 (NCLT - Kolkata bench) , the NCLT Kolkata directed the Superintendent of Police (SP) of that jurisdiction to provide adequate police protection so that the RP may discharge his duties and take over the management of the Corporate Debtor (CD). The NCLT also observed that in this regard, it is also expected from the CD to fully co-operate with the Resolution Professional, failing which action will be initiated against CD under Section 70 of the Insolvency and Bankruptcy Code, 2016.

Topics: Resolution Professional / Liquidator

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