TMI Blog2022 (1) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... cember, 2019 now there cannot be two date for appointment of IRP. The IRP has to be appointed on the date of Insolvency Commencement Date. Appeal allowed. - Comp. App. (AT) (Ins.) No. 463 of 2021 - - - Dated:- 11-1-2022 - [Justice Ashok Bhushan] Chairperson And [Dr. Ashok Kumar Mishra] Member (Technical) For the Appellant : Mr. Abhishek Anand, Mr. Kunal Godhwani, Advocates For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agraph 22, it was stated by the Adjudicating Authority that since Applicant has not proposed the name of Interim Resolution Professional, we appoint Ms. Sunita Umesh as IRP. After the said order, an Application was filed by the Applicant being I.A. No. 943/2021 seeking modification of the Order dated 12th February, 2021 and it was stated in the application that although in the initial petition no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are of the view that there were substantial grounds for granting exclusion, when the IRP who was proposed by the applicant, was appointed on 24th February, 2021 and the information was received by Mr. Anil Tayal on 1st March, 2021, the period from 12th February, 2021 to 28th February, 2021 ought to have been excluded. The Adjudicating Authority committed an error in rejecting the Application. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mant Batra, Amicus Curiae submits that in view of the Amendment which has been made now in Section 16 of the Code by Act No. 1 of 2020 the inconsistency which appeared with regard to appointment of IRP and the date of the Order has no more continuing. In the earlier Section 16 sub-Section 1 the words within 14 days from the Insolvency Commencement Date has now been substituted by following:- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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