Management of defaulting firms must step aside, says apex court The Supreme Court has ruled the management ofacompany undergoing bankruptcy proceedings cannot continue in its role. The court clarified a number of contentious issues, empowering the National Company Law Tribunal (NCLT) in recovering dues. “Having heard both the learned counsel at some length, and because this is the very first application that has been moved under the Code (Insolvency and Bankruptcy Code), we thought it necessary to deliveradetailed judgment so that all courts and tribunals may take notice ofaparadigm shift in the law,” JusticeRFNariman said. “Entrenched managements are no longer allowed to continue in management if they cannot pay their debts,” he added. This bolsters the Insolvency and Bankruptcy Code, which says once an insolvency professional is appointed by creditors, the management should step aside and let the company be run by the professional. The insolvency professional, in turn, will decid...