In the matter of Annie Traders Private Limited
- CitationIA(IBC)/1379(CHE)2025 in CP (IB)/35(CHE)2022
Ratio decidendi
The rule this decision rests on
The Tribunal, in giving effect to a superior court's order that set aside its earlier appointment of an Interim Resolution Professional and directed the appointment of the proposed professional, holds that where a High Court has quashed a Tribunal's appointment order and directed a particular appointment, the Tribunal is bound to comply with that direction and to appoint the professional so directed as Interim Resolution Professional of the Corporate Debtor, and may dispose of the application on that basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH, COURT – II CHENNAI ATTENDANCE CUM ORDER SHEET OF THE HEARING OF NATIONAL COMPANY LAW TRIBUNAL, CHENNAI BENCH, HELD ON 10.09.2025 AT 02.30 P.M. THROUGH VIDEO CONFERENCING: PRESENT: SHRI. JYOTI KUMAR TRIPATHI, HON'BLE MEMBER (JUDICIAL) SHRI. RAVICHANDRAN RAMASAMY, HON'BLE MEMBER (TECHNICAL) APPLICATION NUMBER : IA(IBC)/1379(CHE)2025 PETITION NUMBER : CP (IB)/35(CHE)2022 NAME OF THE APPLICANT : Doss Subramani NAME OF THE RESPONDENT(S) : Thangamuthu Viswanathan and Anr. UNDER SECTION : Sec 60(5) of IBC, 2016, r/w Rule 11 of NCLT, 2016 ORDER Present: Ld. Counsel Mr. Rohan Rajasekaran for the Applicant. The present Application is filed under section 60(5) of IBC, 2016 along with rule 11 of NCLT Rules, 2016, wherein the Applicant seeks following reliefs:
" a) Taking on record the order passed by the Hon'ble High Court of Madras dated 13.08.2025 IN WP. No.22949 of 2025 and pass appropriate orders in compliance of the same. b) To pass such further or other orders as this Hon'ble Bench may deem fit and proper in the facts and circumstances of the case and thus render justice". Heard perused.
The present Application has been filed by the Suspended Director of the Corporate Debtor M/s. Annie Traders Private Limited.
Cont…2
/2/ This bench on 04.06.2025 in CP(IB)/35/CHE/2022 passed an order appointing Mr. Thangamuthu Viswanathan as IRP allowing the Application under section 10 of IBC moved by Corporate Applicant M/s. Annie Traders Private Limited. It appears that the Corporate Applicant proposed Mr. K.J.Vinod to appoint as IRP of the Corporate Applicant. Whilst, this bench appointed Mr. Thangamuthu Viswanathan as IRP vide order dated 04.06.2025.
Being aggrieved by the order of this bench dated 04.06.2025 proposed IRP Mr. K.J.Vinod moved writ petition bearing writ petition No.22949 of 2025 before Hon'ble Madras High Court.
Hon'ble Madras High Court vide order dated 13.08.2025 setting aside the order of this Tribunal dated 04.06.2025 and directed to appoint Petitioner / Mr. K.J.Vinod as IRP of the Corporate Debtor.
In compliance of the order of Hon'ble Madras High Court passed in writ petition No: 22949 of 2025, Mr.K.J.Vinod (E-mail ID: kjvinod05@rediffmail.com) Contact No: 9789902841 having Registration No: IBBI/IPA-003/ICAI-N-00291/2020-2021/13451 and AFA valid till 30.06.2026 is appointed as the IRP of the Corporate Applicant and he is directed to discharge their duties. Accordingly, IA(IBC)/1379(CHE)2025 is allowed and disposed off.
Sd/- Sd/- RAVICHANDRAN RAMASAMY JYOTI KUMAR TRIPATHI Member (Technical) Member (Judicial) kg
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