Tribunals and CommissionsDivision Bench(2021) 10 NCLT CK 0321

Mukesh Agrawal vs Premshree Devcon Pvt Ltd

National Company Law Tribunal · Decided on 21 October 2021

HON’BLE JUDGES
Madan B. Gosavi, Member (Judicial) · Ajai Das Mehrotra, Member (Technical)
CASE NUMBER
IA 14 of 2019, IA 159 of 2020, IA/35(MP)2021 in TP 126 of 2019 [CP(IB) 240 of 2019]

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Judgment

6 paragraphs · 188 words

IA No 14 of 2019 is filed by the RP directing the Respondents that members of CoC to pay CIRP cost of Rs. 1,04,078. Notice was served to the Respondents but none appeared neither filed any reply.

IA No. 159 of 2020 is filed by Prime Exotica Flat Purchase Welfare Association requesting this Authority to initiate disciplinary proceedings against the RP and Chartered Accountant and also pass certain directions against the Central Government.

We make it clear that IBBI is the Authority to undertake the disciplinary proceedings against the RP if they are any allegations against him and for Chartered Accountants there are other disciplinary Authorities.

Hence, this Authority has no jurisdiction to allow the prayers as sought for in this application. Hence, this application is not maintainable and stands dismissed and disposed of.

IA No. 35 of 2021 is filed by Prime Exotica Flat Purchase Welfare Association for change of RP, however, it is brought to our notice that application is filed for passing of liquidation order. In view of that, this application becomes infructuous and stands disposed of.

List IA No. 14 of 2019 on 16.12.2021.