# In the matter of Punjab National Bank & Anr. Vs. Ajmer Singh Bhullar & Ors. M.A. No. 873-2019 in Civil Appeal No. 9973-2018

> SC judgment dated 2019-08-09. Citation: TCN-2019-SC-00037. The case involves a dispute concerning the eviction of promoter directors from a corporate debtor…

- **Court:** SC
- **Order date:** 9 Aug 2019
- **Citation:** TCN-2019-SC-00037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/punjab-national-bank-anr-vs-ajmer-singh-bhullar-ors-ma-no-873-2019-in-civil-appe-c2d72d35

## Summary

### Background

The case involves a dispute concerning the eviction of promoter directors from a corporate debtor that is undergoing a winding-up process. The Supreme Court had previously ordered that the promoter directors should not be evicted until it became necessary, and that they should cooperate with the Resolution Professional. However, it was brought to the court's attention that the promoter directors were abusing the privilege granted to them, particularly based on a reading of press releases dated 27th and 29th October 2018.

## Facts

The Supreme Court addressed a matter concerning the winding up of a corporate debtor and the eviction of its promoter directors. The court had previously ordered that the directors not be evicted until necessary and that they cooperate with the Resolution Professional. However, information surfaced, particularly through press releases dated October 27th and 29th, 2018, indicating that the directors were abusing the privilege granted to them. The NCLT had already permitted Punjab National Bank to file a fresh eviction application once the asset sale publication commenced. The promoter directors, despite being served with the present Miscellaneous Application, chose not to appear before the court. The key fact is the abuse of privilege by the promoter directors, which

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## Issues and analysis

### Issue 1: Whether the promoter directors of the corporate debtor should be evicted given their alleged abuse …

**Ratio:** The principle of adhering to court orders and the necessity of cooperation in winding-up

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**Reasoning:** The court reasoned that the promoter directors' actions, as evidenced by the press

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**Interpretation:** The interpretation is that court orders must be followed in good faith, and any

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

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## Parties

- **Judges:** ROHINTON FALI…; SURYA…
- **Appellants:** Punjab National…
- **Respondents:** AJMER SINGH…

## Timeline

- **2018-09-25 — Previous Cour…**: The Court recorded that a logical culmination must take place in a winding up of the…
- **2018-10-27 — Press Relea…**: Press Release dated 27th October, 2018, indicating abuse of privilege by promoter…

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