# Megha Agrawal vs. Nandkumar Khattumal Harchandani & Anr.

> NCLT judgment dated 2026-09-11. Citation: TCN-2026-NCLT-01149. The Interim Resolution Professional (IRP), Megha Agrawal, filed an application under Sections…

- **Court:** NCLT
- **Order date:** 11 Sept 2026
- **Citation:** TCN-2026-NCLT-01149
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/n-kumar-projects-infrastructure-pvt-ltd-f3pz8

## Summary

### Background

The Interim Resolution Professional (IRP), Megha Agrawal, filed an application under Sections 19(2) and 19(3) of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Suspended Directors of N. Kumar Projects & Infrastructure Pvt Ltd (Corporate Debtor). The application sought directions for the Suspended Directors to cooperate by providing necessary information and documents and to facilitate the handover of the Corporate Debtor's assets for the Corporate Insolvency Resolution Process (CIRP), which was initiated on 13.02.2026. Despite repeated communications and attempts by the IRP to take control and custody of assets and records, the Suspended Directors deliberately avoided cooperation and obstructed the IRP's statutory duties.

## Facts

The Interim Resolution Professional (IRP), Megha Agrawal, filed I.A. No.1206 of 2026 in C.P (IB) No. 569 of 2024 under Sections 19(2) and 19(3) of the Insolvency and Bankruptcy Code, 2016 (IBC).

The application sought directions against the Suspended Directors of the Corporate Debtor (CD) for non-cooperation in the Corporate Insolvency Resolution Process (CIRP).

The CIRP for N. Kumar Projects & Infrastructure Pvt Ltd (CD) was initiated by an order of the Tribunal dated 13.02.2026, and Megha Agrawal was appointed as the IRP.

The IRP, after public announcement on 15.02.2026, sent an intimation email on 17.02.2026 to the Respondents (Suspended Directors) about the CIRP and her proposed visit to the project site (Poonam Mall) for asset handover.

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## Issues and analysis

### Issue 1: Whether the Suspended Directors of the Corporate Debtor are obligated to cooperate with the Interim …

**Ratio:** Yes, persons associated with the management of the Corporate Debtor, including Suspended

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**Reasoning:** Sections 17, 18, 19, and 25 of the IBC clearly outline the duties of the IRP/RP to take

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**Interpretation:** The Code vests the management of the CD in the IRP upon appointment, suspending

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**Application:** The Suspended Directors (Respondents) failed to provide requested financial

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## Parties

- **Judges:** ANIL RAJ C…; K. R. SAJI…
- **Appellants:** Megha Ag…
- **Respondents:** N. Kumar Projects…; Nandkumar…; +1 more
- **Other parties:** Central Bank of…; CFM Asset…
- **Advocates:** Nausher…; Jehan Fo…; +4 more

## Timeline

- **2025-04-09 — High Court…**: Hon'ble Bombay High Court ordered the matter to be stood over to 24.04.2026 (as per…
- **2026-02-13 — CIRP Initiation & IRP…**: Corporate Insolvency Resolution Process (CIRP) for N. Kumar Projects & Infrastructure Pvt…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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