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Judgment
Per se: Mr. Justice (Retd.) Rajesh Dayal Khare, Member (Judicial)
The present application is filed on behalf of applicant i.e Mr. Anil Tayal under Section 27) of the Insolvency and Bankruptcy Code, 2016 read with Regulation 3 of IBBI (CIRP) regulations, 2016 to replace existing Resolution Professional by appointment of proposed Resolution Professional.
It is further stated that this Adjudicating Authority vide order dated 23.10.2019, appointed Mr. S. K. Jha, Registration Number IBBI/IPA-002/IP-N00684/2018-19/12031 as IRP of the Corporate Debtor.
As per the averments made by the Counsel for the COC, it is stated that in the second meeting of COC, which was convened on 26.12.2019, in which a resolution was proposed by the members of COC for replacement of existing resolution Professional by another Resolution Professional. In pursuance of this, the members of CoC with 79.62% votes in favour through e- voting has proposed the name of Mr. Ashok Kumar Juneja, Registration No. IBBI/IPA-002/IP-N00117/2017-2018/10286) who has also given written consent in Form AA which is annexed as Annexure-4 of the application to act as RP and further authorised Mr. Anil Tayal, Authorised Representative of COC to make this application before this tribunal.
In view of the facts and the provisions of IBC, this adjudicating authority hereby confirms the name of Mr. Ashok Kumar Juneja, (Registration NO. IBBI/IPA-002/IP-N00117/2017-2018/10286) to act as Resolution Professional and further discharge the earlier RP Mr. S.K Jha from the aforesaid CIRP.
With the aforesaid observations, the present CA No. 27 of 2020 is allowed and accordingly stands disposed of.