The Supreme Court has held that an appeal cannot be filed in the name of the corporate debtor by a suspended director claiming to be its authorised representative, once the corporate insolvency resolution process has been admitted and the interim resolution professional is named.
The appeal before the Apex Court was filed by a suspended director of Ambro Asia Private Limited (corporate debtor), Nitendra Kumar Tomer, under Section 62 of the Insolvency and Bankruptcy Code, 2016, aggrieved by the judgment of the National Company Law Appellate Tribunal.
The Division Bench of Justice Sanjay Kumar and Justice K. Vinod Chandran held, “Presently, we find that the appeal, as framed and filed in the name of the corporate debtor by…