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2022 (7) TMI 309 - NATIONAL COMPANY LAW TRIBUNAL , JAIPUR BENCHSeeking substitution/change of the present Resolution Professional, Mr. Arunava Sikdar - Application has been filed by State of Rajasthan through Joint Director Industry who holds 4% shares in Committee of Creditors for change of Resolution Professional alleging certain allegations against the RP - HELD THAT:- As per Section 27(2) of IBC such Resolution can only be passed by minimum 66% of votes by the members of Committee of Creditors. In this case no such proposal of change of Resolution Professional has been placed before the CoC by the Applicant. The Applicant as only made allegations and failed to provide substantial proof of the same. The Hon'ble NCLAT has categorically held that if there is an explicit provision in the Code for change of Resolution Professional the same should be followed. It also held that the ingredients of Section 27 of the Code are self-explanatory and admits of no exception. Therefore, the present application filed by the State of Rajasthan is dismissed. Seeking substitution of the Resolution Professional of JMEL - It is submitted by the Applicant herein that the present Resolution Professional is already a Resolution Professional in the matter of Affinity Beauty Salons Private Limited, Shivam Fragrances Pvt. Ltd. & Chempharms Industries Private. Limited - majority of the workmen and employees of the Corporate Debtor are residents of Jaipur (Rajasthan) which makes it inconvenient for the workmen to approach the Resolution Professional who is located in Delhi - HELD THAT:- As per the provisions of Section 27(2) of IBC, 2016, this application is liable to be dismissed. Hence, the present application is dismissed.
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