When Does a Director's Disqualification Make a Resolution Applicant Ineligible under Section 29A(e) of the IBC

This article examines when a director’s disqualification under Section 164 of the Companies Act, 2013 makes a resolution applicant ineligible under Section 29A(e) of the Insolvency and Bankruptcy Code, 2016. It explains the statutory connection between company-law disqualification and insolvency eligibility, and discusses the approaches in M.K. Rajagopalan and Malharshanti Enterprises. The article distinguishes a company’s default from a disqualification that legally attaches to the person whose eligibility is being assessed. It argues that Section 29A(e) calls for a careful inquiry into the nature and legal effect of the disqualification, rather than automatic exclusion based only on an allegation or a company’s default.