Tribunals and CommissionsDivision Bench(2022) 11 NCLT CK 0362

Jindal Steel & Power Limited vs Bharat NRE Coke Limited

National Company Law Tribunal, Kolkata Bench · Decided on 24 November 2022

HON’BLE JUDGES
Rohit Kapoor, Member (Judicial) · Balraj Joshi, Member (Technical)
CASE NUMBER
C.P. (IB)/1340(KB)2018

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Judgment

11 paragraphs · 410 words

O R D E R

1.

IA (IBC) 736/KB/2020 This IA has been filed by Mr. Shashi Agarwal, Liquidator of Corporate Debtor seeking his discharge from his duty as Liquidator of the Corporate Debtor. This IA is accompanied by an affidavit duly affirmed by the Liquidator which is placed at page 24 of the application. Mr. Shashi Agarwal is hereby discharged as Liquidator of the Corporate Debtor. He shall handover the entire record to the new incumbent immediately. This IA is accordingly allowed and disposed of.

2.

IA(IBC)/660(KB)/2022 & IA(IBC)/669(KB)/2022 These applications are by different financial creditors recommending appointment of an alternative liquidator.

IA(IBC)/ 660/KB/2022

This application has been filed by Suraksha Asset Reconstruction Limited, Applicant seeking appointment of Ms. Rekha Kantilal Shah having Registration no. IBBI/IPA-001/IP-P00776/2017-2018/11449 as the Liquidator of Bharat NRE Coke Limited, Corporate Debtor, pursuant to the Disciplinary Committee’s Order dt. 13/05/2022 of IBBI cancelling the registration of Mr. Shashi Agarwal, existing Liquidator of the Corporate Debtor. This IA is accompanied by an affidavit duly affirmed by the applicant, which is placed at pages 13-14 of the application.

IA(IBC)/669/KB/2022

This application has been filed by State Bank of India seeking appointment of Mr. Aditya Kumar Tibrewal, having registration no. IBBI/IPA-001/IP-P00743/2017-2018/11249 as the Liquidator of Bharat NRE Coke Limited, Corporate Debtor, pursuant to the Disciplinary Committee’s Order dt. 13/05/2022 of IBBI cancelling the registration of Mr. Shashi Agarwal, existing Liquidator of the Corporate Debtor. This IA is accompanied by an affidavit duly affirmed by the applicant which is placed at pages 25 of the application.

3.

There is no consensus between the two applicants to the name of the liquidator. Therefore, we deem it appropriate to appoint liquidator from the panel of Insolvency Professionals furnished by IBBI to NCLT Kolkata Bench on 30.06.2022 Ms. Varsha Bagri, IBBI /IPA-001/IP- P01812/2019-2020/12783 email [email protected] Mobile No. 9339239644, is hereby appointed as the Liquidator, subject, however, to her possessing a valid authorization for Assignment (AFA) issued by the Insolvency Professional Agency(IPA) of which he is a professional member, in terms of regulation 7A of the IBBI (Insolvency Professionals) Regulations, 2019

4.

Mr. Shashi Agarwal is hereby asked to handover entire records of liquidation process forthwith to newly appointed liquidator named above. Mr. Shashi Agarwal will be paid his dues, if any, by the Stake holders committee within two weeks.

5.

In view of the above, both the IA 660/KB/2022 and IA /669/KB/2022 are disposed of.

6.

List IA (IBC) 1219/KB/2022 on 08/12/2022.