Section 14(1)(d) IBC – SC Rules It Cannot Block CoC‑Approved Surrender Of Property

Introduction

The Supreme Court in Sincere Securities Pvt. Ltd. & Ors. v. Chandrakant Khemka & Ors. (2025 INSC 931)reaffirmed the primacy of the Committee of Creditors' (CoC) commercial wisdom during the Corporate Insolvency Resolution Process (CIRP). The Court set aside the National Company Law Appellate Tribunal's (NCLAT) order remanding the matter and restored the National Company Law Tribunal's (NCLT) direction to return possession of the disputed property to the appellants.

Factual Background of the case

Nandini Impex Private Limited (Respondent) availed financial assistance of Rs. 6 crores by mortgaging its property (ground floor of "White House", New Delhi) to Sincere Securities Pvt. Ltd (Appellant No.1) and Noble Dealcom Pvt. Ltd along with Jodhpur Properties and Finance Pvt Ltd (Appellant Nos. 2 & 3, respectively). On the failure of repayment of the loans, conveyance deeds were executed by all the Appellants wherein the title was transferred to the