In the matter of Loyal Auto Globe Private Limited
- CitationIA/4305/2025 in C.P. (IB)/4216(MB)2018
Ratio decidendi
The rule this decision rests on
The Tribunal may replace a liquidator on the application of the liquidator under Regulation 31A(11) of the Liquidation Process Regulations, where the liquidator shows a genuine inability to continue and the replacement is supported by a stakeholders' consultation committee resolution approving the proposed insolvency professional entity, backed by a valid authorisation for assignment (AFA) in its favour.
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/4305/2025 C.P. (IB)/4216(MB)2018 IN THE MATTER OF Central Bank of India VS Loyal Auto Globe Private Limited U/s 7 of the Insolvency and Bankruptcy Code, 2016 Order Delivered on 16.09.2025 CORAM: SH. MOHAN PRASAD TIWARI SH. CHARANJEET SINGH GULATI MEMBER (J) MEMBER (T) Appearance through VC/Physical/Hybrid Mode: For the Applicant/ Liquidator: Adv. Shashank Bhondave (VC) For the Respondent: ORDER IA/4305/2025: This Application has been filed by Mr. Prashant Jain, who is the present Liquidator of Loyal Auto Globe Private Limited with following prayers: (a) To pass an order for replacement of Mr. Prashant Jain having IP Regn. No. IBBI/IPA-001/IP-P01368/2018-2019/12131, being the current Liquidator of M/s. Loyal Auto Globe Private Limited, with SSARVI Resolution Services LLP (through its Authorized Representative) having IP Regn. No.- IBBI/IPE-0144/IPA-1/2022-23/ 50008), as the new Liquidator of M/s. Loyal Auto Globe Private Limited; (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. The Applicant Mr. Prashant Jain has filed this IA in his official capacity as the Liquidator of Loyal Auto Globe Private Limited, under Regulation 31A (11) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, seeking replacement of the self with another insolvency professional entity namely SSARVI Resolution Services LLP in view of his genuine inability to continue as Liquidator. Ld. Counsel for the Applicant has taken us to the relevant meeting held by the stake holders Committee as also the AFA given by the proposed insolvency entity and valid AFA up till 31.12.2025. It is also stated that, in the Ninth SCC meeting held on 21.08.2025, the proposed replacement has been voted in favor by 100 per cent by the member of the SCC. In view of the facts as noted hereinabove in brief, those stated by the Ld. Counsel for the Applicant herein and averred in the IA, the replacement as requested of the current Liquidator Mr. Prashant Jain with SSARVI Resolution Services LLP (through its authorized representative) having registration No. IBBI/IPE-0144/IPA-1/2022-23/ 50008), as new Liquidator of M/s Loyal Auto Globe Private Limited is allowed. The IA is accordingly allowed and disposed of.
sd/- sd/- CHARANJEET SINGH GULATI MOHAN PRASAD TIWARI Member (Technical) Member (Judicial) //Arjun//
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