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Himanshu Govindram Agarwal vs Team India Managers Limited & Ors

National Company Law Appellate Tribunal14 May 2026

Ratio decidendi

The rule this decision rests on

The reasoning in this order is brief but present. The court holds that a person who was proposed as Interim Resolution Professional, but who was not appointed because the adjudicating authority appointed an IRP from the IBBI Panel List on the consent of the financial creditor, lacks locus to challenge the order making that appointment, so that an appeal by him against such an order is misconceived and liable to be dismissed.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 882 of 2026

IN THE MATTER OF: Himanshu Govindram Agarwal ...Appellant Versus Team India Managers Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Anish Agarwal, Mr. Pratik Kumar Chakma, Mr. Abhinav Maurya and Ms. Natasha Bagga, Advocates.

For Respondents : Mr. Apoorv Jha, Advocate.

ORDER

(Hybrid Mode)

14.05.2026 : This appeal has been filed by the appellant against an order

dated 27.04.2026 passed by the adjudicating authority (National Company

Law Tribunal, Division Bench, Court - I, Ahmedabad Bench), by which the

adjudicating authority has admitted the Section 7 application filed by the

financial creditor and appointed the Interim Resolution Professional (IRP),

who is the respondent herein.

2. The appellant who claimed that his name was proposed by the financial

creditor but he has not been appointed as IRP, aggrieved by the said order

has come up in this appeal.

3. In paragraph 24 of the order of the adjudicating authority, following has

been observed:

"24. Though the Financial Creditor in Part-III of the Form-1 has proposed the name of the Interim Resolution Professional ('IRP') Mr. Himanshu Govindram Agarwal having Registration No. IBBI/IPA- 002/IP-N01286/2023-2024/14389. However, during the course of oral submissions Ld. Counsel for the Applicant/FC agreed and recorded consent if IRP is appointed by this Adjudicating authority from the IBBI Panel List."

4. The observation of the adjudicating authority in paragraph 24 indicates

that during the course of the submission, counsel for the financial creditor

agreed and recorded his consent if IRP is appointed by the adjudicating

authority from the IBBI Panel List.

5. In view of the aforesaid, adjudicating authority appointed the IRP from

the Panel List. Thus, the order was passed appointing the IRP on the consent

given by the financial creditor, which is recorded in paragraph 24 of the

impugned order.

6. We fail to see any jurisdiction or justification on part of the IRP to

challenge the order, by which respondent has been appointed an IRP. We are

of the view that the appeal filed by the appellant is wholly misconceived.

With these observations, the appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Indevar Pandey] Member (Technical) himanshu/md

Comp. App. (AT) (Ins.) No. 822 of 2026 2 of 2

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