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Judgment
IA No 1620/2023
This application has been filed under Rules 11 and 154 of the NCLT Rules 2016 with the following prayers:
a) That Mr. Bhupesh Gupta, having IBBI Registration No. IBBI/IPA-002/IP-N00030-2016-2017/10067, be appointed as IRP in place of Mr. Akhil Chadha; and/or
b) That the order/judgment dated 18.07.2023 passed by the Hon’ble Tribunal may kindly be amended qua the appointed IRP in the light of the facts mentioned herein; and/or
c) That the number of days from CIRP order dated 18.07.2023, till the appointment of IRP in this application may be excluded from the CIRP period of 180 days.
With regard to the appointment of the new IRP, it is stated that Sh. Akhil Chadha was appointed as IRP by our order dated 18.07.2023, initiating CIRP in the case of the corporate debtor. Though, this name was suggested by the applicant, Sh. Chadha withdrew his consent to act as IRP of the corporate debtor by email dated 15.07.2023, i.e., before the order of initiating CIRP by this Adjudicating Authority. A copy of the email has been attached as annexure A-2 with the application. In view of the same, it is stated that the CoC has not been formed, and the Resolution Process is stalled.
In view of this, the applicant has now proposed the name of Sh. Bhupesh Gupta, to be appointed as IRP in place of Sh. Akhil Chadha.
The consent of the new proposed RP in Form AA, along with the AFA & certificate of registration, is placed on record as Annexure A-3 of the application. The antecedents of the new RP, i.e., Sh. Bhupesh Gupta, have been checked by the Law Research Associate, and no adverse remarks have been found against him, and the AFA is valid up to 14.02.2024. In view of the above discussion, Sh. Bhupesh Gupta, having IBBI registration No. IBBI/IPA-002/IP-N00030/2016-201710067 is appointed as the new RP of the corporate debtor.
The order dated 18.07.2023 is, therefore, amended to that extent. As regards the prayer of the applicant to exclude the period from 18.07.2023 till the date of this order appointing the new IRP from the computation of the CIRP period of 180 days, the same is hereby allowed.
In the result, IA No. 1620/2023 is allowed and disposed of.