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Home Highlights January 2022 Year 2022 This

Nomination of IRP/RP for R-3 company - The appointment of an IRP ...


Committee of Creditors Must Follow Legal Process for IRP Appointment; Single Member Cannot Override Majority Decision.

January 19, 2022

Case Laws     Insolvency and Bankruptcy     AT

Nomination of IRP/RP for R-3 company - The appointment of an IRP is clearly provided under Section 22 and the replacement of IRP under Section 27 and therefore, this Application is disposed off with a direction to the CoC to proceed in accordance with law. There is no provision under the Code which empowers one of the Members of the CoC to approach this Tribunal seeking replacement of the IRP or RP when the same is rejected by a majority of Members of the CoC. - AT

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