2021 (2) TMI 1241 - Tri - Insolvency and Bankruptcy

Seeking inclusion of name of IRP in the order dated 12.02.2021 - HELD THAT - As the said IA was not placed at the time of passing of the Order the name of the IRP proposed in that IA was not mentioned in the Order dated 12.02.2021. Mr. Anil Tayal appointed as IRP in place of. Ms. Sunita Umesh whose name was mentioned as IRP in Order dated 12.02.2021 - application disposed off.

Summary

Issues: Modification of Order to Substitute IRP Name

Analysis:
The judgment pertains to an Application filed under Rule 11 of the NCLT Rules seeking a modification of the Order dated 12.02.2021 to replace the name of the IRP mentioned in para 22 of the said Order. The Applicant, represented by Advocate Nikunj Hurria, requested the substitution of IRP names in the Order. The Ld. Counsel for the Petitioner highlighted that although the name of the IRP was not initially proposed in the main Application, a subsequent Application was filed on 13.01.2021 suggesting the name of IRP Mr. Anil Tayal. This Application, numbered IA/164/2021, was heard on 18.01.2021, and it was decided that the averments made in it would be considered during the Order's issuance. However, due to the IA not being presented at the time of passing the Order, the name of the IRP proposed in IA/164/2021 was not included in the Order dated 12.02.2021. Consequently, the Tribunal allowed the Applicant's prayer and appointed Mr. Anil Tayal as the IRP in place of Ms. Sunita Umesh, who was initially mentioned as the IRP in the Order dated 12.02.2021. Ms. Sunita Umesh was discharged from her duties as IRP, and the Office was instructed to update the Order with the name of Mr. Anil Tayal. As a result, the present IA was disposed of, concluding the matter efficiently and effectively.