The Appellate Tribunal upheld the replacement of the Resolution ...

RP replaced for representing debtor earlier; Creditor's opinion suffices.

Case Laws IBC

November 12, 2024

The Appellate Tribunal upheld the replacement of the Resolution Professional (RP) appointed u/s 97 of the Insolvency and Bankruptcy Code (IBC). The RP had previously represented the Corporate Debtor and Personal Guarantor as counsel in a dispute arising from the same debt, which was a rational ground for the Financial Creditor to form an opinion u/s 98 for replacement. The scheme of Section 98 does not require proving a particular ground for replacement. Although Section 94 allows a debtor to initiate insolvency resolution personally or through an RP, the stage u/s 98 for replacement is subsequent to the RP's appointment u/s 97. The Adjudicating Authority did not err in allowing the Financial Creditor's application for replacement, and the appeal was dismissed.

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The Appellate Tribunal upheld the replacement of the Resolution ...

RP replaced for representing debtor earlier; Creditor's opinion suffices.

Case Laws IBC

November 12, 2024

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