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In the matter of Imperia Wishfield Pvt. Ltd.

National Company Law Tribunal19 September 2024

Ratio decidendi

The rule this decision rests on

Where the Committee of Creditors resolves by a 100% vote under Section 22(3)(b) of the Insolvency and Bankruptcy Code, 2016 to replace the interim resolution professional with a resolution professional, and the replacement professional has filed his consent and valid authorisation for assignment, the Adjudicating Authority may appoint the proposed resolution professional in place of the interim resolution professional, and direct that the interim resolution professional be relieved and his fees be settled and paid by the Committee of Creditors.

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

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHICOURT-VIItem No. 101IB-487/ND/2023IA/4543/2024IN THE MATTER OF:Mr. Raj Kumar Shrivastava and Ors. ...PETITIONERVs.M/s. Imperia Wishfield Pvt. Ltd. …RESPONDENTSectionU/s 7 of IBC, 2016 Order delivered on 19.09.2024HYBRID HEARING (PHYSICAL & VC)Coram:SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL)SHRI RAHUL BHATNAGAR, HON’BLE MEMBER (TECHNICAL)PRESENT:For the IRP :Adv Aman Raj SinghORDERIA/4543/2024

This is an application filed under Section 22(3)(b) of the IBC, 2016 for appointment of the Resolution Professional by replacing the IRP so appointed by this Adjudicating Authority vide order dated and 29.05.2024 and 14.06.2024. Heard the Ld. Counsel on behalf of the Applicant. It was submitted that this Adjudicating Authority vide order dated 29.05.2024 read with order dated 14.06.2024 had appointed an IRP, namely, Mr. Chetan Gupta. After the constitution of the CoC, in its 3rd meeting held on 05.09.2024 with 100% voting CoC resolved to replace the IRP so appointed with a RP, namely, Mr. Navneet Kumar Gupta as Resolution Professional having Registration No. IBBI/IPA-001/IP-P00001/2016-2017/10009 in terms of Section 22(3)(b) of the IBC, 2016. The consent and valid AFA of the said (Vidya Sagar)

Resolution Professional has been filed along with the application. It may be mentioned that this decision for confirmation of the IRP or replacement of the IRP should have been taken in the first meeting of the CoC. However, it was submitted by the Ld. Counsel on behalf of the Applicant that the matter was deferred and the final decision has been taken only in the 3rd meeting of the CoC. Since, the Resolution has been passed by the 100% majority of the CoC in terms of Section 22(3)(b) of the IBC, 2016, we hereby appoint, Mr. Navneet Kumar Gupta whose details are given above as the Resolution Professional of the Corporate Debtor. Newly appointed Resolution Professional is directed to discharge his duties and obligations in terms of the provisions contained in the Code and the Rules and regulations made thereunder. The IRP, namely, Mr. Chetan Gupta is relieved from his duty however, CoC is directed to settle his fees and pay him the same. The IRP is also directed to hand over any document or material available with him to the newly appointed Resolution Professional. Copy of this order be sent to the newly appointed Resolution Professional as well as, IRP and IBBI for information. With these observations, the present IA is disposed of.

Sd/- Sd/- (Rahul Bhatnagar) (Mahendra Khandelwal) Member (T) Member (J)

(Vidya Sagar)

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