A is a promoter of Company C and the latter’s account is classified as a non-performing asset account. Company C successfully undergoes a CIRP and is now acquired by Company D. Is A disqualified to be resolution applicant for any subsequent CIRP of any other corporate debtor?
In Cosmic CRF Ltd v Myotic Trading Pvt Ltd & Ors 2026 INSC 608, the Supreme Court held that the promoter in such cases will not be disqualified to be a resolution applicant under Section 29A(c) of the IBC. The non-performing asset account in such cases becomes redundant since corporate debtor has undergone CIRP and is under control of a third person.