eCourtsIndia
IndiaCode Laws
Section16
The Insolvency and Bankruptcy Code, 2016

Appointment and tenure of interim resolution professional

In force Act 31 of 2016 As on 15 Oct 2026

Act 31 of 2016 Ministry Corporate Affairs Enacted 28 May 2016 Cited by 4 provisions Instruments 5

Section 16 of the Insolvency and Bankruptcy Code, 2016 deals with appointment and tenure of interim resolution professional. The Adjudicating Authority shall appoint an interim resolution professional [on the insolvency commencement date]. The Act was enacted on 28 May 2016.

(1) The Adjudicating Authority shall appoint an interim resolution professional 1[on the insolvency commencement date].

(2) Where the application for corporate insolvency resolution process is made by a financial creditor or the corporate debtor, as the case may be, the resolution professional, as proposed respectively in the application under section 7 or section 10, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him.

(3) Where the application for corporate insolvency resolution process is made by an operational creditor and--

(a) no proposal for an interim resolution professional is made, the Adjudicating Authority shall make a reference to the Board for the recommendation of an insolvency professional who may act as an interim resolution professional;

(b) a proposal for an interim resolution professional is made under sub-section (4) of section 9, the resolution professional as proposed, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him.

(4) The Board shall, within ten days of the receipt of a reference from the Adjudicating Authority under sub-section (3), recommend the name of an insolvency professional to the Adjudicating Authority against whom no disciplinary proceedings are pending.

(5) The term of the interim resolution professional 2[shall continue till the date of appointment of the resolution professional under section 22].

Section 16, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 7 Initiation of corporate insolvency resolution process by financial creditor
  2. s. 9 Application for initiation of corporate insolvency resolution process by operational creditor
  3. s. 10 Initiation of corporate insolvency resolution process by corporate applicant
  4. s. 22 Appointment of resolution professional

Referred to by 4

  1. s. 13 Declaration of moratorium and public announcement
  2. s. 27 Replacement of resolution professional by committee of creditors
  3. s. 54-O Initiation of corporate insolvency resolution process
  4. s. 54P Application of provisions of Chapters II, III, VI and VII to this Chapter

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 21 Jun 2023 WBCHCO0027922023

    … Mr. Ratul Das, learned advocate appearing for the Resolution Professional/ respondent no. 4 submits that all the notices should have been issued to Resolution Professional and final assessment order should have been served upon him in view of his appointment as Resolution Professional under Section 16 of the Insolvency and Bankruptcy Code, 2016 and respondent no. 4 submits that he is ignorant about whole impugned proceeding and he came to know about the same only after service of the copy of the writ petition upon him. Learned advocate appearing for the respondent no. 4 further submits that order of moratorium …

    Read this order on eCourtsIndia

  2. High Court 02 Feb 2022 HCBM020171382016

    … Though the application has been admitted, the matter was posted for further orders on moratorium for the purposes referred to in Section 14 and also for appointment of an Interim Resolution Professional under Section 16 of the Insolvency and Bankruptcy Code, 2016. The matter has been heard by NCLT, Hyderabad on 20 July 2017. However, no order copy is available concerning the hearing of 20 July 2017. In the premises, the Summons for Judgment is stood over to 21 August 2017. ( S.C. GUPTE, J. ) …

    Read this order on eCourtsIndia

Made under this section, and citing it

5 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 16

What does Section 16 of the Insolvency and Bankruptcy Code deal with?

Section 16 of the Insolvency and Bankruptcy Code is headed "Appointment and tenure of interim resolution professional". The Adjudicating Authority shall appoint an interim resolution professional [on the insolvency commencement date].

How do I find court cases under Section 16 of the Insolvency and Bankruptcy Code?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 16, section 16 Insolvency and Bankruptcy Code, section 16 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 16 of the Insolvency and Bankruptcy Code, and has it changed?

Its own text turns on section 7 (Initiation of corporate insolvency resolution process by financial creditor), section 9 (Application for initiation of corporate insolvency resolution process by operational creditor), section 10 (Initiation of corporate insolvency resolution process by corporate applicant), section 22 (Appointment of resolution professional), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. 5 instruments name it without being made under it, most recently Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2022 (2022), then No. 15/GST-2 Notification under section 148 to provide special procedure for corporate debtors undergoing the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016 under the HGST Act, 2017 (2020).

When was Section 16 of the Insolvency and Bankruptcy Code enacted?

Section 16 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 16, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.