NCLT Mumbai Partly Allows Anil Ambani Access To Pre-CIRP Records Of Reliance Communications To Defend ED-CBI Proceedings
Kirit Singhania
20 March 2026 7:10 PM IST
The National Company Law Tribunal (NCLT) at Mumbai has partly allowed an application by former Reliance Communications Ltd director Anil Dhirajlal Ambani seeking access to insolvency records of the company, including documents furnished to the Enforcement Directorate and the Central Bureau of Investigation, holding that a suspended director cannot be denied pre-CIRP records required to defend himself in proceedings based on those materials.
Ambani told the tribunal that proceedings have been initiated against him by investigative agencies in connection with the affairs of Reliance Communications during his tenure as director and that access to the records was necessary to prepare his defence.
The proceedings against Ambani stem from investigations into alleged diversion of bank loans granted to Reliance Communications and its group companies by a consortium led by the State Bank of India, in which the Central Bureau of Investigation and ED have registered a case alleging conspiracy, cheating, and criminal breach of trust.
A coram of Judicial Member Sushil Mahadeorao Kochey and Technical Member Prabhat Kumar while partly allowing his plea, observed:
“The right of suspended board member to access records of corporate debtor, which indubitably remains in control and possession of Resolution Professional after commencement of CIRP, is to be understood on touch stone of principle of natural justice which vests right in such persons to defend themselves in the proceedings arising from insolvency of corporate debtor before other forums, as suspended board members are denied to explain the causes of default and the circumstances leading to it after looking into the records of corporate debtor pertaining to pre-cirp period in the absence of access to such records.”, the tribunal observed.
The application arose in insolvency proceedings initiated by Ericsson India against Reliance Communications on May 15, 2018, due to default in repayment of Rs. 550 crores. Ambani argued that he required access to financial records and documents including those shared with agencies such as the ED and CBI to defend proceedings initiated against him. He also relied on correspondence dated February 7 and February 9, 2026 seeking such disclosures.
The resolution professional opposed the plea, arguing that Ambani had resigned in 2019 and was no longer entitled to access confidential CIRP records.
Rejecting these objections in part, the tribunal held that since Ambani was a director at the time of commencement of CIRP, he remained entitled to access records relating to the pre-CIRP period to explain transactions and defend himself.
However, the tribunal restricted such access to records of the corporate debtor for the pre-CIRP period and made it subject to confidentiality undertakings. The tribunal said:
“In view of aforesaid discussion, we consider it appropriate to direct the respondent to provide access to records of corporate debtor for the period prior to commencement of CIRP, and also allow the applicant to take copies thereof, if required, subject to furnishing of requisite confidentiality undertaking and payment of costs.”
Accordingly the NCLT partly allowed the application, granting Ambani limited access while preserving confidentiality of the insolvency process.
For Resolution Professional: Advocates Rishabh Jaisani, Ansh Kumar, Anushka Bhardwaj
For Applicant: Advocates Rohit Gupta, Madhu Gadodia, Aryan Garg