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Judgment
ORDER
This matter has been taken up on special mentioning made by the learned counsels for the parties.
IA(I.B.C)/1962(CH)2024
Affidavit of service has been filed vide diary No.02781/1 dated 21.10.2024. The same is taken on record. A date is requested by the learned counsel for the respondent for filing the reply. Let the same be filed within two weeks with a copy in advance to the counsel opposite. Rejoinder, thereto, if any, be filed in a tabular form by clearly stating that what information was sought by the applicant and what information have been received and what information are yet to be received.
Let the matter be listed on 28.11.2024.
IA(I.B.C)/2105(CH)2024
The present petition has been filed under Rule 11 of the NCLT, 2016 for placing on the record the 6th fortnightly progress report for the period starting from 20.08.2024 to 03.09.2024. The same is taken on record subject to just exceptions. Thus, IA(I.B.C)/2105(CH)2024 is disposed of accordingly.
IA(I.B.C)/2108(CH)2024
The present petition has been filed under Rule 11 of the NCLT, 2016 for placing on the record the 5th fortnightly progress report for the period starting from 04.08.2024 to 19.08.2024. The same is taken on record subject to just exceptions. Thus, IA(I.B.C)/2108(CH)2024 is disposed of accordingly.
IA(I.B.C)/2344(CH)2024
The present petition has been filed by the CoC under Section 22(3)(b) of IBC, 2016 for appointment of Mr. Sandeep Kumar Chitkara as RP bearing Registration No.IBBI/IPA-001/IP-P01976/2020-2021/13084 by replacing Mr. Ashish Agarwal, existing Interim Resolution Professional in the matter. The written consent of the RP-Mr. Sandeep Kumar Chitkara along with his AFA are annexed as Annexure A-5 with the present application. As per the Form AA at page No.52 (Annexure A-5), there is no disciplinary proceedings are pending against the proposed RP.
COC is directed to ratify the arrears of the fee and other expenses made by IRP Mr. Ashish Agarwal, IRP within two weeks as per resolution passed in 6th COC Meeting in item No.7 with 100% voting shares. The copy of the 6th CoC Meeting held on 11.10.2024 is annexed as Annexure A-4 at page No.44 with the present application. It is directed that:
Mr. Ashish Agarwal, the Interim Resolution Professional shall hand over the entire records and the assets of the company which have been taken over by him in the course of the corporate insolvency resolution process to the Resolution Professional forthwith;
ii) Mr. Sandeep Kumar Chitkara, Resolution Professional shall take over the charge of the aforesaid records and the assets and perform his duties as required under the Code and the Regulations;
iii) Mr. Sandeep Kumar Chitkara, Resolution Professional is directed to send regular monthly progress reports to this Tribunal.
Thus, IA(I.B.C)/2344(CH)2024 is allowed and disposed of accordingly.