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Judgment
Heard Learned Counsel for the Appellant as well as the Learned Counsel for the Resolution Professional.
Aggrieved, Learned Counsel for the Applicant has filed an I.A. bearing No. 419(PB)/2021 with following prayers:
"a. Pass necessary order under Section 60(5) of IBC, 2016 and pass necessary directions to the RP under regulation 18 of IBBI (CIRP) Regulations, 2016 to convene a meeting of CoC within 2 days for replacement of the RP as well as to consider and approve necessary business/resolutions in the emerging situations;
b. Direct the RP/Respondent No. 1 to submit and file video recordings of the 2nd CoC meeting dated 17.06.2019, 7th CoC meeting dated 05.09.2020, and 8th CoC meeting dated 18.11.2020;
c. Pass necessary directions to IBBI to conduct enquiry into the misconduct of RP/Respondent No. 1;
d. Any other order that the Hon'ble Tribunal may deem fit in the facts and circumstances of the case."
Learned Counsel for the Applicant/Appellant submits that Application was heard by Principal Bench of Ld. NCLT consisting of Bhaskara Pantula Mohan, (Actg. President) and Hemant Kumar Sarangi, (Member Technical) on 19th July, 2021 and orders were reserved.
On the application, he submits that one of the prayers in the Application was made that CoC be convened for considering agenda of the replacement of the Resolution Professional.
Learned Counsel for the RP submits that the matter was heard on 16th November, 2021 by the Ld. NCLT where direction has been issued to convene the Committee for appointing a representative of the home-buyers by convening a Committee of Creditors.
Be that as it may, the Application No. 419(PB)/2021 having been heard on 19th July, 2021, we are of the view that orders on the said application may be pronounced at an early date by the concerned Bench. Learned Counsel for the parties are given liberty to place this Order before the Registrar of the Ld. NCLT, Principal Bench, New Delhi.
The Appeal is disposed, accordingly.