# In the matter of ND S Art World Private Limited

> NCLT judgment dated 2023-08-28. Citation: TCN-2023-NCLT-01894. The case involves an application filed by the Interim Resolution Professional (IRP) seeking…

- **Court:** NCLT
- **Order date:** 28 Aug 2023
- **Citation:** TCN-2023-NCLT-01894
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nd-s-art-world-private-limited-d87e9c98

## Summary

### Background

The case involves an application filed by the Interim Resolution Professional (IRP) seeking reliefs due to extraordinary circumstances following the suicide of a suspended director of the Corporate Debtor. A police case for abetment of suicide was registered, alleging that the initiation of CIRP proceedings led to the suicide. This has created an atmosphere of outrage, and the IRP seeks protection while discharging his duties.

## Facts

A police case for abetment of suicide was registered following the suicide of a suspended director of the Corporate Debtor. The allegation is that the initiation of CIRP proceedings caused the director to commit suicide. This has created an atmosphere of outrage near the Corporate Debtor's offices, which are under police control for investigation. The Interim Resolution Professional (IRP) filed an application seeking protection from potential actions or proceedings against him for unintentional delays or negligence in discharging his duties due to these circumstances. The IRP seeks a declaration that he should only take necessary steps after normalcy is restored and directions to stakeholders that no action be initiated against him for unintentional delay.

## Issues and analysis

### Issue 1: Whether the Interim Resolution Professional should be protected from potential actions or …

**Ratio:** The court has the authority to consider extraordinary circumstances that may impede the

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**Reasoning:** The court acknowledged the extraordinary circumstances, including the suicide of the

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**Interpretation:** The interpretation is that the court recognizes its role in ensuring the smooth

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** SH. PRABHAT…; SH. VIRENDRASINGH…
- **Appellants:** Edelweiss Asset…
- **Respondents:** ND S ART WORLD…

## Timeline

- **2023-08-28 — Order Sheet of the…**: Order sheet of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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