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Judgment
(Through video conferencing)
Learned Lawyer, Mr. Dharmishta N Raval is present for the Applicant.
The instant application is filed by the applicant with a following prayer:
Heard the Applicant and the documents annexed therein;
Brief facts of the case is/are that, the applicant was original Operational Creditor in CP (IB) 217 of 2018, filed under section 9 of Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "IB Code").
On admission of the application on 19.06.2019 the CIRP is initiated against the Corporate Debtor and IRP is appointed.
The applicant thereafter filed an IA being numbered as IA No. 781 of 2019, wherein, applicant made IRP as respondent and sought various reliefs including reconstitution of COC by challenging various decision of IRP.
During the pendency of said IA 781 of 2019, IRP of Corporate Debtor (hereinafter referred to as "CD") i.e. respondent No. 2 of this Applicant filed an IA being numbered as IA No. 583 of 2019, whereby, the IRP made a prayer with desire to retire herself as IRP of Corporate Debtor apart from other prayers.
In view of the said application i.e. IA No. 583 of 2019, the application was partially allowed and RP was appointed in place of IRP (respondent No. 1 in the instant application) vide order dated 19.03.2020.
In view of such retirement of IRP and appointment of RP the instant application is filed for substitution of name of RP in IA 781 of 2019 filed in CP(IB) 217/2018.
On perusal of record it is found that the erstwhile IRP, Mrs. Anjali Nirav Choksi was replaced by Mr. Omkarchand Malloo (RP) vide order dated 19.03.2020 and has already started functioning as RP.
Under such circumstances, we found that there is/ are no prejudice in substituting present RP in IA No. 781 of 2019 in place of erstwhile IRP i.e. Mrs. Anjali Nirav Choksi who has already retired.
In view of above, the instant application is allowed and disposed of.
Applicant is directed to correct the cause title page of IA 781 of 2019 filed in CP (IB) 217 of 2019 with the help of registry/ court master.