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2019 (11) TMI 1474 - Tri - Insolvency and BankruptcyAppointment of Resolution Professional - Section 22(2) of the IBC, 2016 - HELD THAT:- The COC simply disapproved the appointment of Mohd. Nazim Khan as IRP to RP and so far the appointment of Shri Ashok Kumar Juneja as Resolution Professional is concerned, it is resolved that "the Chairman asked for copy of the consent of Mr. Ashok Kumar Juneja from the HDFC Bank who said that the consent would be provided by end of the day". We, further, find that there is no specific resolution on the point of change of IRP to Mr. Ashok Kumar Juneja as RP, rather, the COC has simply disapproved the appointment of Mohd. Nazim Khan, the IRP appointed, at the time of admission of the Application U/S 9 of the IBC, 2016 [(IB) 889 (ND)/2019] on 08.08.2019. The prayer to confirm the appointment of Mr. Ashok Kumar Juneja as RP is concerned, is rejected. Thus, unless the specific resolution is passed under Section 22(2) of the IBC, 2016 by the COC by majority vote of not less than 66% of the voting shares of the Financial Creditor, the name of Mr. Ashok Kumar Juneja cannot be approved as Resolution Professional - we are unable to accept the prayer of HDFC Bank to appoint Mr. Ashok Kumar Juneja as Resolution Professional unless his appointment is approved by-majority vote of not less than 66% of the voting share of Financial Creditor.
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