9911796707
TMI Blog2022 (2) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... of RP has been envisaged only under Section 22 and 27 of IBC, 2016. Secondly, the MA/96/2019 which is relied on by the Applicant in the present case came to be dismissed by this Tribunal vide an order dated 11.01.2022 and also the order dated 20.02.2019 passed by this Tribunal was also stayed by the Hon'ble High Court of Madras. Further, it has been time and again held by the Hon'ble Appellate Tribunal that this Adjudicating Authority cannot enforce disciplinary proceedings against the IRP/RP and only IBBI would be the competent authority to initiate disciplinary proceedings against the IRP/RP. Further, Section 217 of the IBC empowers a person aggrieved by the functioning of an RP to file a complaint to the IBBI. If the IBBI bel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c) To impose cost on the Resolution Professional for filing frivolous against the applicant. 2. The Learned Authorized Representative appeared for the Applicant submitted that CIRP was initiated against the Corporate Debtor on 13.12.2019 and Mr. Ebenezar Inbaraj was appointed as Interim Resolution Professional and later confirmed as Resolution Professional in respect of the Corporate Debtor. 3. It was further submitted that prior to the initiation of CIRP, the Corporate Debtor had filed an Arbitration Suit against the Applicant for infringement of Intellectual Property Rights, which is pending before the court and in the meanwhile, the CIRP was initiated against the Corporate Debtor. Pursuant to that the Applicant filed a claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... At the first instance, the Applicant herein is not entitled to file an Application seeking replacement of RP since such a provision for replacement of RP has been envisaged only under Section 22 and 27 of IBC, 2016. Secondly, the MA/96/2019 which is relied on by the Applicant in the present case came to be dismissed by this Tribunal vide an order dated 11.01.2022 and also the order dated 20.02.2019 passed by this Tribunal was also stayed by the Hon'ble High Court of Madras. Further, it has been time and again held by the Hon'ble Appellate Tribunal that this Adjudicating Authority cannot enforce disciplinary proceedings against the IRP/RP and only IBBI would be the competent authority to initiate disciplinary proceedings against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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