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Bdr Builders & Developers Pvt Ltd vs Fantastic Buildcon Pvt. Ltd. & Anr

National Company Law Appellate Tribunal29 August 2019

Ratio decidendi

The rule this decision rests on

Regulation 3 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, requiring a liquidator to disclose any relationship with the corporate debtor, is directory and not mandatory, so non-compliance with it does not invalidate the appointment of the person named as liquidator. Under Section 34 of the Insolvency and Bankruptcy Code, 2016, it is open to the Adjudicating Authority to permit the Resolution Professional to continue as liquidator in the liquidation of the corporate debtor.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 862 of 2019IN THE MATTER OF:

BDR Builders & Developers Pvt. Ltd. ...Appellant

Versus

Fantastic Buildcon Pvt. Ltd. & Anr. ...Respondents

Present:

For Appellant : Mr. Rakesh Kumar and Mr. Aashish Khattar, Advocates

ORDER

29.08.2019 This appeal has been preferred by 'BDR Builders & Developers

Pvt. Ltd.' (Financial Creditor) against the order of 'Liquidation' dated 2nd July,

2019 passed by the Adjudicating Authority (National Company Law Tribunal),

Principal Bench, New Delhi. The main grievance is against the individual

appointment as 'Liquidator'.

2. Learned counsel appearing on behalf of the Appellant relied on Regulation

3 of 'Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations

2016' to suggest that the 'Liquidator' was required to disclose its relationship

with the 'corporate debtor' but the same has not been done and appointed 'Mr.

Om Prakash Vijay', 'Resolution Professional', as 'Liquidator'. However, as the

regulation is a directory one and not a mandatory, we are of the view that it is

always open to the Adjudicating Authority to allow the 'Resolution Professional'

to continue as a 'Liquidator' in accordance with the provisions of Section 34 of

the 'I&B Code'.

Contd/-............

-2-

3. For the reasons aforesaid, we are not inclined to interfere with the

directions of continuation of the 'Resolution Professional' as 'Liquidator'.

The appeal stands disposed of. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] Member (Judicial)

[ Kanthi Narahari ] Member (Technical) /ns/sk

Company Appeal (AT) (Insolvency) No. 862 of 2019

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