In the matter of YAMUNA INFRADEVELOPERS PRIVATE LIMITED

National Company Law Tribunal14 November 2025

CitationIB-479/ND/2019

Ratio decidendi

The rule this decision rests on

The Committee of Creditors' (SCC) members holding 90% of the voting share may replace the liquidator under Regulation 31(9) of the IBBI (Liquidation Process) Regulations, 2016, and the Tribunal may give effect to such a replacement by directing appointment of the replacement liquidator.

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

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNALNEW DELHI BENCH (COURT – II)Item No. 302IB-479/ND/2019New IA-5529/ND/2025IN THE MATTER OF:Oriental Bank of Commerce … Applicant/PetitionerVersusM/s. Yamuna Infra developers Pvt. Ltd. … RespondentUnder Section: 7 of IBC (Liq), 2016.Order delivered on 14.11.2025CORAM:SH. ASHOK KUMAR BHARDWAJ MS. REENA SINHA PURIHON’BLE MEMBER (J) HON’BLE MEMBER (T)PRESENT:For the Liquidator : Adv. Sanjay Bhatt, Adv. Apoorva ChoudharyFor the Applicant : Adv. Umang GoyalHearing Through: VC and Physical (Hybrid) Mode

ORDER New IA-5529/ND/2025: The Prayer made in the captioned application reads thus:- “(a) Directions may kindly be issued for the replacement of the Liquidator-respondent and for appointment of new Liquidator to complete the Liquidation Process of the Corporate Debtor; (b) Directions may kindly be issued for appointment of the new Liquidator from the List of Professionals/Liquidators the recommended by the Insolvency and Bankruptcy Board of India (IBBI) in this regard; (c) Any other order/direction may also kindly be passed/issued, which this Hon'ble Tribunal may deem appropriate in the facts and circumstances of the matter.” Mr. Bhatt, Ld. Sr. Counsel appearing for current liquidator submitted that he has no objection to the aforementioned prayer. Our attention is drawn to the minutes of the meeting of SCC Members dated 24.06.2025 to espouse that the members of the SCC have passed resolution

Poonam/Hetash for replacing the current liquidator with 100% vote share. The relevant excerpt of the minutes reads thus:-

In terms of the provision of Regulation 31(9) of IBBI (Liquidation Process) Regulation, 2016, the members of SCC with 90% vote share can replace the liquidator. In the wake, we allow the application and direct the current liquidator to be replaced by Mr. Amarpal, IBBI/IPA-001/IP-P01584/2018-2019/12411, amarpal@icai.org, Mobile No. 9717105008. It goes without saying that the fee of the liquidator would be paid in accordance with the law.

-Sd/- -Sd/- (REENA SINHA PURI) (ASHOK KUMAR BHARDWAJ) MEMBER (T) MEMBER (J)

Poonam/Hetash

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