9911796707
TMI Blog2021 (2) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... hand, the IRP has not submitted the consent even in this matter no CoC was constituted and this fact was considered while passing the order of liquidation on 25th January, 2022 and the matter was listed to appoint the Liquidator on 31.01.2022, but the erstwhile IRP declined to act as Liquidator - As it is seen that neither the CoC was constituted nor there is other claimant, therefore, in the peculiar facts and circumstances of the case in hand, it is deemed proper to exercise the powers under Rule 11 of NCLT Rules - application disposed off. - (IB) 2863(ND)/2019 and IA/989/2021 - - - Dated:- 21-2-2021 - Abni Ranjan Kumar Sinha, Member (J) And Avinash K. Srivastava, Member (T) For the Appellant : Mansij Arya and Priyanka, Advs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall apply in relation to voluntary liquidation process as they apply in relation to liquidation process with the substitution of references to the liquidator for references to the interim resolution professional. (4) The Adjudicating Authority shall by order replace the resolution professional, if-- (a) the resolution plan submitted by the resolution professional under section 30 was rejected for failure to meet the requirements mentioned in sub-section (2) of section 30; or (b) the Board recommends the replacement of a resolution professional to the Adjudicating Authority for reasons to be recorded [in writing; or] (c) the resolution professional fails to submit written consent under sub-section (1). (5) For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution Professional is required to submit a written consent for his appointment as Liquidator. Here in the case in hand, the IRP has not submitted the consent even in this matter no CoC was constituted and this fact was considered while passing the order of liquidation on 25th January, 2022 and the matter was listed to appoint the Liquidator on 31.01.2022, but the erstwhile IRP declined to act as Liquidator. 4. As it is seen that neither the CoC was constituted nor there is other claimant, therefore, in the peculiar facts and circumstances of the case in hand, we think it proper to exercise the powers under Rule 11 of NCLT Rules. Accordingly, by exercising the powers under Rule 11 of NCLT Rules, we hereby appoint Mr. Lekhraj Bajaj having ..... X X X X Extracts X X X X X X X X Extracts X X X X
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