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In the matter of ADYA OILS & CHEMICALS LIMITED

National Company Law Tribunal14 August 2026

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority may, under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016, replace a liquidator on the application of a creditor holding the requisite voting share in the Committee of Creditors, where the proposed replacement has given written consent to act and the incumbent's registration has been cancelled by the regulator's Disciplinary Committee.

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

Judgment

As delivered

NATIONAL COMPANY LAW TRIBUNAL COURT-V, MUMBAI BENCH 101. IA/3558/2026 C.P. (IB)/2392(MB)2019 IN THE MATTER OF Stressed Assets Stabilisation Fund VS Adya Oils & Chemicals Ltd U/s 7 of the Insolvency and Bankruptcy Code, 2016 Order Delivered on 14.08.2026 CORAM: SH. VINAY GOEL SH. CHARANJEET SINGH GULATI MEMBER (J) MEMBER (T) Appearance through VC/Physical/Hybrid Mode: For the Applicant: Adv. Mily Ghoshal a/w Adv. Shweta Thanekar (PH) For the Respondent: ORDER IA/3558/2026: 1. This IA has been filed by the Omkara Assets Reconstruction Pvt. Ltd. seeking following prayers: A. “To pass an order for the Replacement of Mr. Chandra Prakash Jain, being the present Liquidator with Mr. Chirag Rajendrakumar Shah as the new Liquidator of the Corporate Debtor i.e Adya Oils and Chemicals Ltd. B. To pass such other or further order/s, as this Hon'ble Adjudicating Authority may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the Applicant submits that in terms of the order dated 03.07.2026 passed by the Disciplinary Committee of the IBBI, the registration of the present Liquidator Mr. Chandra Prakash Jain (Registration No. IBBI/IPA-001 /IP-P00147/2017-2018/10311) has been cancelled and the said order is to come into force after 30 days from the date of issuance of the order of the Disciplinary Committee.

3. Learned counsel further submits that the Applicant herein is having 99.96% voting in the CoC and thereby under Section 60(5) of the Code r/w Rule 11 of the NCLT Rules, 2016, the replacement of the present Liquidator M/s Truue IPE LLP through its Designated Partner Mr. Chandra Prakash Jain is being sought with Mr. Chirag Rajendrakumar Shah. The written consent of the proposed Liquidator has been placed at Exhibit-E, Page-68 and the AFA on Page- 70, wherein authorization is valid up till 31.12.2026. In view of such submissions, learned counsel for the Applicant seeks grant of prayers. 4. We have considered the facts of the case as briefly captured hereinabove, those submitted by the learned counsel and averred in the IA and accordingly deem it appropriate to grant the prayer in terms of ‘Clause A’ and direct the replacement of the present Liquidator Mr. Chandra Prakash Jain with Mr. Chirag Rajendrakumar Shah as Liquidator of the Corporate Debtor i.e Adya Oils and Chemicals Ltd. 5. With the aforesaid observations and directions, this IA is allowed and disposed of.

Sd/- Sd/- VINAY GOEL CHARANJEET SINGH GULATI Member (Judicial) Member (Technical) //Rahul//

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