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2022 (5) TMI 758 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHLiquidation of Corporate Debtor - Section 33(2) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- The RP is approaching this Tribunal for passing an order of Liquidation of the Corporate Debtor as referred to in section 33(1) of IBC, 2016, as no resolution plan was received by the Resolution Professional under section 30 of the Code. Hence there is no alternative to save the CD, but to go for Liquidation. The RP Mr. Sharavan Kumar Vishnoi who has filed the present Liquidation Application has annexed the consent form of Mr. Debashish Nanda to act as a Liquidator, for which this Bench is of the considered view that, it is implied that Mr. Shravan Kumar Vishnoi has withdrawn his consent to act as RP as well as Liquidator in the present matter. Therefore, this adjudicating authority in light of Section 34(1) r/w section 34(4)(c) of IBC, 2016, in absence of any written consent submitted by the Mr. Shravan Kumar Vishnoi (RP), in the prescribed form to appoint him as the Liquidator, hereby decided to appoint Mr. Debashish Nanda as the Liquidator. The present application u/s. 33(2) of IBC stands allowed and liquidation of the corporate debtor, namely M/s. RS Ingot and Billet Private Limited in the manner as laid down in the Chapter III of Part II of the Insolvency and Bankruptcy Code, 2016 and in accordance with the relevant Rules and Regulations, is hereby ordered.
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