Locus standi of suspended director barred parallel NCLT challenge to SARFAESI vessel sale during CIRP.

A suspended managing director of the corporate debtor lacked locus to challenge the SARFAESI sale of the vessel before NCLT during CIRP, because the application was not filed by the interim resolution professional or resolution professional. The dispute over the SARFAESI measures had already been taken to the competent DRT and was pending there. In these circumstances, the suspended director had no authority to represent the corporate debtor or maintain parallel proceedings before NCLT, and the application was dismissed for want of locus standi.

---

---

Issues: Whether the applicant, being a suspended director of the corporate debtor, had locus to maintain the application challenging the SARFAESI sale of the vessel.

Analysis: The application was filed by the suspended managing director and not by the interim resolution professional or resolution professional. The dispute concerning the SARFAESI measures had already been carried before the competent DRT and was pending there. In these circumstances, the applicant could not maintain simultaneous proceedings before the NCLT without authority to represent the corporate debtor during CIRP.

Conclusion: The applicant had no locus standi to file the application, and the application was dismissed.

---