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Judgment
Learned Counsel Mr. A. S. Vakil appeared for the Applicant.
The instant application is filed under Section 22(3)(b) of Insolvency & Bankruptcy Code, 2016, with a prayer to change the present IRP namely Mr. Anish Niranjan Nanavaty with that of Mr. Krishna Chamadia as Resolution Professional in CP(IB) No. 161/2017.
The Learned Lawyer for Applicant submitted that a first meeting of COC was held on 10.07.2020, wherein, it was resolved by the members of COC to replace IRP unanimously.
On perusal of the record and the Resolution dated 10.07.2020 passed by the COC as reflected at page No. 60 of the instant application, it is found that the COC resolved to replace Mr. Krishna Chamadia as RP in place of Mr. Anish Niranjan Nanavaty, IRP.
No notice is required to issue to the IRP as the IRP was present in the first meeting of Committee of Creditors held on 10.07.2020. The IRP has also given his written consent to act as Resolution Professional, which is reflected at page No. 61.
In view of the above said Resolution passed by the COC, this Adjudicating Authority is forwarding the name of Mr. Krishna Chamadia as RP in CP(IB) 161/2017 to the IBBI for information.
The pending fees/remuneration of the IRP, if any, is to be paid.
Accordingly, IA No. 435 of 2020 in CP(IB) No. 161 of 2017 is allowed and stands disposed of.