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2022 (12) TMI 609 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHICIRP proceedings - Proposal of the RP for liquidation of Corporate Debtor - Going concern - Infirmities and illegalities committed by the RP - As per the appellant at that time when IRP took over the Corporate Debtor it was generating a revenue of Rs.87 lakhs in the month of November, 2019. The appellant offered unconditional support to RP to continue the operation of the Hospital to maximise the value of the Corporate Debtor. - It is allege that, the RP had not taken any step to get certain dues of the Corporate Debtor recovered from the concerned Govt Departments/Agencies HELD THAT:- it is evident that the RP had not taken any reasonable step to get the CD as going concern which is mandated as per Section 25(2)(h) or he acted in accordance with Section 24 of the Code and as such there is no reason to allow the impugned order to further continue. The holding of the CoC Meeting in the premises of the Financial Creditor and also joint filing of the reply by RP and financial creditor also reflects that something was going on in between the parties. IBBI directed to conduct an enquiry regarding conduct of the RP and other circumstances which led to filing of petition under Section 33(2) of the IBC before the NCLT. Matter is remitted back to the NCLT to re-examine the issue and consider to change the RP.
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