Friends Agencies vs Biw Fabricators Pvt. Ltd

Friends Agencies ...Appellant Vs M/s BIW Fabricators Pvt. Ltd. ....Respondent

Present:

For Appellant: Mr. Manish Paliwal, Mr. Ashutosh K. Sharma and Mr. Dheeraj Singh, Advocates.

For Respondent:

ORDER

26.08.2019 This appeal has been preferred by Mr. Pankaj Khetan, the

then Interim Resolution Professional against order of his removal dated

23.07.2019 passed by the Adjudicating Authority (National Company Law

Tribunal) Cuttack Bench, Cuttack which reads as follows:

"Ld. Counsel for the CoC appear. CA No.

73/CTB/2019 is filed by CoC for change of IRP. Perused

record the CoC in its meeting dated 12.04.2019, decided to

replace IRP by appointing RP by name Mr. Bankim Shukla

having Registration No. IBBI/IPA-001/IP-P00606/2017-

18/11067 by 100% voting shares. Appointment of the RP

is confirmed. RP may proceed with this as per CIRP Rule.

It is brought to my notice that main file has not

received from Mumbai Bench issue letter. Matter to appear

on 13th August, 2019."

Company Appeal (AT)(Insolvency) No. 856 of 2019 Page 1 of 2 Learned Counsel for the Appellant submits that the 'Committee of

Creditors' did not comply with the provisions under Section 27 of Insolvency and

Bankruptcy Code, 2016 and the name of other Resolution Professionals were not

called for.

The Resolution Application was filed before the Cuttack Bench of National

Company Law Tribunal. It is observed that removal of the Interim Resolution

Professional was made in view of 100% voting of the 'Committee of Creditors'.

However, we are not inclined to interfere with the impugned order dated

23.07.2019.

The Appeal is dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

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

(Kanthi Narahari) Member(Technical) Akc/Sk

Company Appeal (AT)(Insolvency) No. 856 of 2019 Page 2 of 2