Tribunals and CommissionsDivision Bench(2025) 06 NCLT CK 1107

Canara Bank vs Nishta Mall Management Company Private Limited

National Company Law Tribunal · Decided on 12 June 2025

HON’BLE JUDGES
Sushil Mahadeorao Kochey, Member (J) · Charanjeet Singh Gulati, Member (T)
CASE NUMBER
IA/2464/2025 IA/2466/2025 C.P. (IB)/939(MB)2023

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Judgment

7 paragraphs · 237 words

IA/2464/2025-This IA has been filed by the Resolution Professional under Section 19(2) of the IBC seeking cooperation and documents from the 8 Respondents.

Notice of Motion-

Registry as well as Applicant is directed to serve notice upon the Respondents and to submit service report/ affidavit of service along with notice copy sent to Respondents, postal receipt, track report/acknowledgement within a period of 2 weeks.

The Respondents are directed to file the reply within a period of 3 weeks thereafter by serving an advance copy upon the Counsel opposite.

List for further consideration on 05.08.2025.

IA/2466/2025-This is the IA filed by the Canara Bank who has 100% voting share in the CoC. This IA has been filed for replacement of the IRP Mr. Manoj Kumar Agarwal by Mr. Dinesh Kumar Aggarwal. The CoC in their 1st meeting held on 24.03.2025 have resolved to appoint Mr. Dinesh Kumar Aggarwal having Registration No. IBBI/IPA-002/IP-N00890/2019-2020/12843 to act as the Resolution Professional. The written consent from Mr. Dinesh Kumar Aggarwal dated 14.04.2025 has been placed on record and his AFA is valid till 31.12.2025.

In the wake that the IRP appointed by the admission order dated 24.03.2025 is not willing to continue as Resolution Professional due to personal reasons. For the reasons, as aforementioned, and those stated by the Ld. Counsel, Mr. Manoj Kumar Agarwal IRP is replaced by Mr. Dinesh Kumar Aggarwal and accordingly, this IA is allowed and disposed of.