# In the matter of Amit Sangal Proprietor of Nitin Plastic vs. Kairav Anil Trivedi & Ors.

> NCLAT judgment dated 2025-02-20. Citation: TCN-2025-NCLAT-00202. The case involves appeals against orders passed by the National Company Law Tribunal (NCLT),…

- **Court:** NCLAT
- **Order date:** 20 Feb 2025
- **Citation:** TCN-2025-NCLAT-00202
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amit-sangal-proprietor-of-nitin-plastic-vs-kairav-anil-trivedi-ors-d6fce762

## Summary

### Background

The case involves appeals against orders passed by the National Company Law Tribunal (NCLT), Mumbai Bench, concerning the Corporate Insolvency Resolution Process (CIRP) of Prince MFG Industries Private Limited. The Appellant, an Operational Creditor, alleges misconduct and irregularities by the Interim Resolution Professional (IRP), Mr. Kairav Anil Trivedi, including manipulation of voting results, fraudulent transfer of assets, and violations of CIRP regulations. The Appellant contends that the Adjudicating Authority (NCLT) approved a Resolution Plan without properly considering these irregularities. The CoC initially sought the replacement of the IRP but later withdrew their application, a decision contested by the Appellant. The appeals challenge both the approval

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## Facts

Mr. Amit Sangal, the Operational Creditor of Nitin Plastic, initiated CIRP against Prince MFG Industries Private Limited under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Adjudicating Authority admitted the application on 05.10.2021 and appointed Mr. Kairav Anil Trivedi as the Interim Resolution Professional (IRP). The first CoC meeting was held on 10.11.2021, where the appointment of Mr. Trivedi as Resolution Professional was discussed. The e-voting results showed dissent regarding his appointment, but Mr. Trivedi allegedly misrepresented this in the minutes. He also executed a Memorandum of Understanding (MoU) with Sarvashree Industries Private Limited (SIPL) for contract manufacturing, effective from 05.10.2021, without prior CoC approval. SIPL's

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## Issues and analysis

### Issue 1: Whether Mr. Kairav Anil Trivedi appointed as Interim Resolution Professional by the Adjudicating …

**Ratio:** The appointment of a Resolution Professional requires the approval of the Committee of

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**Reasoning:** The Appellate Tribunal found that the e-voting results showed dissent regarding Mr.

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**Interpretation:** The IBC requires that the appointment of a Resolution Professional be approved

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**Application:** In this case, the Appellate Tribunal found that Mr. Trivedi misrepresented the

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Amit Sa…
- **Respondents:** Prince MFG…; Kairav Anil…

## Timeline

- **2020-01-01 — CP (IB) 934/…**: Company Petiti…
- **2021-05-10 — Forensic Audi…**: Forensic Audit Report…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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