INDIA Trends and Developments Contributed by: Kamal Shankar, Varun Lamba, Arjun Narang and Shivam Jain, AZB & Partners
highlighting the inclusive nature of the PC Act’s defini - tion of public servant. In Anil Kumar Ojha v the State , 2025 SCC OnLine Mad 4236, the Madras High Court – in line with the ear - lier decision of the Jharkhand High Court in Sanjay Kumar Agarwal v CBI , 2023 SCC OnLine Jhar 394 ( Sanjay Kumar Agarwal ) – held that a resolution pro - fessional appointed under the Insolvency and Bank - ruptcy Code, 2016 performs duties in connection with the administration of justice, being authorised by a
Court of Justice, and is a person from whom a report is called for by a Court of Justice/a competent public authority. Therefore, the resolution professional will be a public servant as they perform a public duty. How - ever, the Delhi High Court in Arun Mohan v CBI , 2023 SCC OnLine Del 8080 disagreed with the decision of the Jharkhand High Court in Sanjay Kumar Agar- wal and took a contrary view, holding that resolution professionals would not fall within the scope of the PC Act. This issue is currently pending consideration before the Supreme Court.
161 CHAMBERS.COM
Powered by FlippingBook