Authority: National Company Law Tribunal, Division Bench, Court - 1, Ahmedabad (Mr. Shammi Khan, Hon'ble Member (J) and Mr. Sanjeev Sharma, Hon'ble Member (T))

Order Date: 06/07/2026

Case Overview

This order addresses Interlocutory Application IA/1006(AHM)2026 filed by the Resolution Professional of Koriya Infra Private Limited under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016. The Corporate Debtor, Koriya Infra Private Limited, was admitted into Corporate Insolvency Resolution Process (CIRP) vide order dated 27.02.2026 in C.P. (IB) No. 37/NCLT/AHM/2026. The Applicant was appointed as the Interim Resolution Professional and assumed charge of the Corporate Debtor's affairs.

The Resolution Professional reported that repeated communications to the Suspended Board of Directors requesting handover of books of account, statutory records, and other documents were ignored, with no cooperation extended. Previously, I.A. No. 538 of 2026 was filed under Section 19(2) of the IBC seeking cooperation from the directors, during which passport particulars were obtained. Subsequently, I.A. No. 735 of 2026 was filed to implead the Regional Passport Office, Ahmedabad, which provided passport details but indicated that travel history and immigration movement records are maintained by the Bureau of Immigration/Foreigners Regional Registration Office (FRRO).

The Applicant then addressed communications dated 21.05.2026 and 26.05.2026 to FRRO/Bureau of Immigration requesting travel and immigration details but received no response. The present whereabouts of the suspended directors are unknown, and their cooperation is necessary for obtaining corporate records and conducting the CIRP effectively. The travel records are specifically needed to ascertain whether the directors are residing in India or abroad and to trace their current location.

The Tribunal noted that under Sections 17, 18, 19, 20, 23, and 25 of the IBC, the Resolution Professional has statutory obligations to take control of assets and records, preserve value, and conduct the CIRP. Section 19 specifically mandates that personnel and promoters of the Corporate Debtor must extend assistance to the Resolution Professional, with the Adjudicating Authority empowered to issue directions for facilitation when cooperation is lacking.

Final Outcome

The Interlocutory Application is allowed with the following specific directions:

(i) The Foreigners Regional Registration Office (FRRO)/Bureau of Immigration shall examine the Resolution Professional's request and furnish all available travel and immigration particulars of Mr. Bhikhubhai Kishanbhai Koriya and Mrs. Shilpakumari Bhikhubhai Koriya, including dates of departure from and arrival into India, destination country, present immigration status, and other available travel particulars.

(ii) This information must be furnished to the Resolution Professional within 14 days from the date of receipt of this order, subject to provisions of applicable laws governing maintenance and disclosure of such records.

(iii) The Resolution Professional must use this information solely for discharging duties under the IBC and maintain confidentiality as per the Code and applicable law.

(iv) If any requested information is unavailable or cannot be disclosed under statutory provisions, the concerned authority must communicate this to the Resolution Professional within the stipulated period, indicating the relevant reason.

The Resolution Professional is directed to place compliance of this order on record in the pending CIRP proceedings. The application is disposed of with no order as to costs.

Topics: Insolvency Proceedings, Director Tracing, Regulatory Compliance