# Rahul Jindal (RP of Samar Estates Pvt. Ltd.) vs. Virender Bagai & Ors.

> NCLT judgment dated 2026-08-13. Citation: TCN-2026-NCLT-00960. The Corporate Insolvency Resolution Process (CIRP) for Samar Estates Private Limited was…

- **Court:** NCLT
- **Order date:** 13 Aug 2026
- **Citation:** TCN-2026-NCLT-00960
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rahul-jindal-rp-of-samar-estates-pvt-ltd-vs-virender-bagai-ors-wfczl

## Summary

### Background

The Corporate Insolvency Resolution Process (CIRP) for Samar Estates Private Limited was initiated on 12.01.2024, with Rahul Jindal appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional (RP). The RP filed an application under Section 19(2) of the IBC, 2016, seeking directions against Mr. Virender Bagai and Mr. Vinod Bagai (suspended directors) and Shri Sukhen Pal Babuta (erstwhile Statutory Auditor) for non-cooperation in providing information, documents, records, and assets of the Corporate Debtor. Despite repeated reminders, the RP alleged that comprehensive information was not furnished by the suspended directors, and the auditor raised objections regarding the maintainability of the application against him.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of Samar Estates Private Limited was initiated pursuant to the admission of a Section 7 application filed by Punjab and Sind Bank vide order dated 12.01.2024.

Mr. Rahul Jindal was appointed as the Interim Resolution Professional (IRP) on 12.01.2024 and was subsequently confirmed as the Resolution Professional (RP) by the Committee of Creditors (CoC) on 09.02.2024.

The RP communicated the commencement of CIRP and requested information/documents to Respondents No. 1 and 2 (Virender Bagai and Vinod Bagai) via e-mail dated 15.01.2024.

A similar intimation and request for information/documents was sent to Respondent No. 3 (Shri Sukhen Pal Babuta) via e-mail dated 23.01.2024.

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## Issues and analysis

### Issue 1: Whether Respondents No. 1 and 2 (suspended directors) have fully cooperated and furnished all …

**Ratio:** Suspended directors of a Corporate Debtor are obligated to cooperate and furnish

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**Reasoning:** Section 19(1) of the Code casts an obligation of cooperation on the personnel of the

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**Interpretation:** Section 19(1) imposes a continuous and binding obligation on suspended

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**Application:** Respondents No. 1 and 2 are directed to extend complete cooperation to the

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## Parties

- **Judges:** SH. KHETRABASI…; Sh. Shishir…
- **Appellants:** Rahul J…
- **Respondents:** Samar Estates…; Virender…; +2 more
- **Other parties:** Committee of…; Punjab & Si…
- **Advocates:** Aalok J…; Sahil L…; +2 more

## Timeline

- **2024-01-12 — CIRP Initiation & IRP…**: Corporate Insolvency Resolution Process (CIRP) of Samar Estates Private Limited…
- **2024-01-15 — CIRP Intimation to…**: Intimation of CIRP commencement and request for information/documents sent to Respondents…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(1) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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