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Sunil Kumar Agrawal vs Allahabad Bank & Ors

National Company Law Appellate Tribunal23 July 2018

Ratio decidendi

The rule this decision rests on

The Committee of Creditors, acting by a 100% voting share, may validly replace the existing resolution professional with another insolvency professional, including one who is the insolvency professional of the sole financial creditor, and the Adjudicating Authority's approval of such a change does not call for interference. Where the resolution professional is removed by the Committee of Creditors not for inefficiency but in order to obtain better assistance, the removal decision cannot be treated as an adverse order against the outgoing resolution professional. The outgoing resolution professional remains entitled to the fee and costs incurred for the period during which he performed the work, to be paid in accordance with law.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 388 of 2018IN THE MATTER OF:Sunil Kumar Agrawal ...AppellantVersus

Allahabad Bank & Ors. ...Respondents

Present: For Appellant : Mr. Vinod Kumar Chaurasia, CA Mr. Sunil Kr. Agrawal, CS

ORDER

23.07.2018 This appeal has been preferred by the erstwhile 'Resolution

Professional' Mr. Sunil Kumar Agrawal, who was functioning as 'Resolution

Professional' in 'corporate insolvency resolution process' initiated against 'M/s.

Mansfield Cables Company Ltd.' (Corporate Debtor). He challenged the order

dated 10th July, 2018 passed by the Adjudicating Authority (National Company

Law Tribunal) New Delhi whereby the Adjudicating Authority approved the

decision of the 'Committee of Creditors' and appointed one Mr. Pankaj Khetan

as 'Resolution Professional' in place of the appellant.

Learned counsel appearing on behalf of the appellant submits that Mr.

Pankaj Khetan was the 'Insolvency Professional' of the sole 'Financial Creditor,

who has now been appointed as 'Resolution Professional'. However, on such

ground the appointment of Mr. Pankaj Khetan cannot be held to be illegal as he

having appointed by 100% voting share of the 'Committee of Creditors'.

After admission of an application under Section 7 or 9 or 10 of the

Insolvency & Bankruptcy Code, 2016 ('I&B Code', for short), an interim 2

resolution professional' is appointed who normally continues as 'Resolution

Professional, if the majority members of the 'Committee of Creditors' by voting

share approves his name. Otherwise, another person is to be proposed for

appointment as a 'resolution professional'. As per the provisions of the I&B

Code, it is always open to any 'Financial Creditor' to appoint 'insolvency

professional' to verify all the action and to assist the 'Committee of Creditors'.

Such being the position, if the 'Committee of Creditors' by 100% voting share

decided to change the existing 'Resolution Professional' by appointing the

'Insolvency Professional' and the Adjudicating Authority approves the same, no

interference is called for.

However, as the appellant Mr. Sunil Kumar Agrawal has not been removed

because of his inefficiency but because the 'Committee of Creditors' wanted to

appoint another person to get better assistance, the order passed by the

'Committee of Creditors' or the Adjudicating Authority cannot be treated to be

an adverse order against the appellant, Mr. Sunil Kumar Agrawal, who is also

entitled for the fee and cost incurred by him during the period he has performed

the work, which is to be paid in accordance with law. With this observation the

appeal is disposed of. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/sk/

Company Appeal (AT) (Insolvency) No. 388 of 2018

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