9911796707
TMI Blog2022 (2) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... as Liquidator in this case, is replaced. Application allowed. - IA No. 45 of 2022 in CP (IB) No. 52/Chd/PB/2022 - - - Dated:- 17-2-2022 - Harnam Singh Thakur, Member (J) And Subrata Kumar Dash, Member (T) For the Appellant : Arora Vishwas Kumar, Advocate ORDER Harnam Singh Thakur , Member ( J ) 1. The present application has been filed by Mr. Kuljeet Singh, Liquidator of SMD Infra Ventures Private Limited (for short the 'corporate debtor') under Section 60(5)(c) of Insolvency and Bankruptcy Code, 2016 (for short the 'Code'), read with Section 276 of the Companies Act, 2013 (for short the '2013 Act') and Rule 11 of National Company Law Tribunal Rules, 2016, seeking his replacement. 2. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isting the applicant to reside with his family so that he can take care of the applicant in his elderly age. Copy of posting letter has also been annexed as Annexure-3 with the application. 4. It is also submitted that no such similar application has earlier been filed by the applicant before this Tribunal. 5. We have heard learned counsel for the applicant and gone through the record available on the file. 6. After hearing learned counsel for the applicant and careful perusal of the record, we are of the considered view that the applicant in hand is maintainable. The provisions of 2013 Act enable this Tribunal to remove and replace the liquidator. Section 276 of the 2013 Act, is being reproduced hereunder for ready reference. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor or, as the case may be, Company Liquidator. 7. It is evident from the medical record, Annexure 2, that the applicant is suffering from essential hypertension and blood pressure and that he is a senior citizen. Further, Annexure-3 reveal that his son has been transferred to Bangalore and in this way, he is unable to act as liquidator. 8. Keeping in view the above mentioned facts and circumstances, the ends of justice would be met, if the applicant Kuljeet Singh, Insolvency Professional, appointed as Liquidator in this case, is replaced. 9. In view of foregoing facts and circumstances and provision of Section 276(1)(d) of the 2013 Act, we allow the instant application and appoint Mr. Amit Kumar Goyal, IBBI/IPA-003/IP-N00317/2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
