Tribunals and CommissionsDivision Bench(2024) 01 NCLT CK 3015

Mrs. Dakshata Rajesh Singh vs M/s R K S Home Solutions Marketing and Consultancy Pvt. Ltd. (RK Homes)

National Company Law Tribunal, Mumbai Bench-II · Decided on 23 January 2024

HON’BLE JUDGES
Kuldip Kumar Kareer, Member (Judicial) · Anil Raj Chellan, Member (Technical)
CASE NUMBER
IA 5409 of 2023 In CP (IB) 575 of 2023

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Judgment

5 paragraphs · 206 words

ORDER

Per: - Kuldip Kumar Kareer, Member (Technical)

1.

This Application has been filed by the Applicant for appointing Atul Narayan Naik, having IBBI Registration No. IBBI/IPA-003/IP-N00385/2021-2022/14011 as Interim Resolution Professional in place of Udaykumar Bhaskar Bhatt, having IBBI Registration No. IBBI/IPA-001/IP-P-01425/2018-2019/1223.

2.

We have heard the Counsel for the Applicant and have perused the records.

3.

Perusal of the records reveals that when the Application u/s 9 of the Code, 2016 was filed by the Applicant, no IRP was suggested/proposed for appointment of IRP. Therefore, Mr. Udaykumar Bhaskar Bhat having registration no. IBBI/IPA-001/IP-P-01425/2018-2019/1223 was appointed by this bench vide order dated 10.11.2023. Perusal of the records further shows that after filing the Petition the Applicant submitted Form-2 proposing the name of Mr. Atul Narayan Naik which was not brought to the notice of this bench at the time of the arguments. Hence, Mr. Udaykumar Bhaskar Bhatt was appointed by this bench from the list of the IRPs prepared and approved by the IBBI. Under this circumstance when the IRP has already been appointed, there appears to be no reasonable/ground to change the previously appointed IRP. Therefore, we find that the present Application is without any merit and dismissed accordingly. IA 5409 of 2023 is dismissed.