Section 125: Appointment of insolvency professional as bankruptcy trustee

Insolvency and Bankruptcy Code, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 125

Section 125 governs the appointment of an Insolvency Professional as the Bankruptcy Trustee by the Adjudicating Authority upon receipt of a bankruptcy application.

  • Nomination Verification: Where an insolvency professional is proposed in the application, the Adjudicating Authority directs the Board (IBBI) to confirm within ten days whether any disciplinary proceedings are pending against him.
  • Board Recommendation: If no professional is proposed, or if the proposed professional faces pending disciplinary action, the Adjudicating Authority directs the IBBI to nominate an eligible trustee within ten days.
  • Formal Judicial Appointment: Upon receiving confirmation or nomination from the IBBI, the Adjudicating Authority formally appoints the bankruptcy trustee in the bankruptcy admission order.
Key Landmark Precedents:
  • Dilip B. Jiwrajka v. Union of India (2024) 5 SCC 436: The Supreme Court underlined the Board's critical regulatory gatekeeping role under Section 125 in ensuring that only untainted professionals manage bankruptcy estates.
  • ArcelorMittal India Pvt. Ltd. v. Satish Kumar Gupta (2019) 2 SCC 1: Affirmed that the independence of court-appointed insolvency practitioners is the cornerstone of insolvency administration across all Code procedures.
Courtroom Practice & Strategic Litigation Guidance:

Insolvency professionals proposed under Section 125 must file a clean Form A / eligibility disclosure confirming zero conflict of interest and no pending show-cause notices to ensure expeditious appointment without regulatory delays.