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2020 (7) TMI 788 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCHRemoval of Resolution Professional of the Corporate Debtor - failure on the part of Resolution Professional to conduct himself in an independent manner being an erstwhile employee of the Financial Creditor - HELD THAT:- Since admittedly the RP had been in the gainful employment of the Financial Creditor/Union Bank of India for 34 years, and had been dealing with the accounts of the Corporate Debtor which facts were not known to the Corporate Debtor till recently, the bias attributed to the RP need not be proved in so many words. If the Corporate Debtor has noticed it from the actions of the RP, it can be presumed that the Corporate Debtor has suffered it at the hands of the RP. So this is a fit case, for replacement of RP as prayed for and deserve consideration. However we make it clear that the replaced RP is no way disqualified nor found ineligible for appointment as an insolvency professional. The CoC is hereby directed to replace the Resolution Professional Mr. Kanakabha Ray, with a new Insolvency Professional who is eligible for appointment as per Regulation 3(1) of the CIRP Regulations, 2016 within one week of the receipt of the email copy of this order - Application allowed.
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