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TMI Blog2018 (8) TMI 2039X X X X Extracts X X X X X X X X Extracts X X X X ..... udhansu Jyoti Mukhopadhaya J. (Chairperson) And Bansi Lal Bhat J. (Judicial Member) For the Appellant : Rohit Rathi and Ashutosh Kumar For the IBBI/Respondents : Puneet Jain and Harsh Jain JUDGMENT 1. The appellant, who was appointed as interim resolution professional during the corporate insolvency resolution process of "M/s. IAP Co. P. Ltd.", filed an application before the Adjudicating Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eafter the committee of creditors has to decide whether to continue him as resolution professional or to replace him by another resolution professional and for his continuation consent is required to be taken. 3. Learned counsel appearing on behalf of the IBBI submits that the interim resolution professional(s) are appointed by the Adjudicating Authority there for it is the Adjudicating Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, we find that the appellant filed the application before the said date on March 21, 2018 without waiting for another 9 days. In this background, if the Adjudicating Authority has refused to accept his request for discharge, we find no reasons to interfere with its decision. 5. At this stage it is desirable to refer section 22 of the I and B Code, which relates to appointment of resolutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntinue beyond 30 days. 6. In the present case, we find that the committee of creditors have decided to continue the appellant as resolution professional and the said order has not been challenged by the appellant. On the other hand he is already functioning as the resolution professional. In the facts and circumstances and perusal of the records we are of view that the Adjudicating Authority' ..... X X X X Extracts X X X X X X X X Extracts X X X X
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