# In the matter of Ashok Tiwari vs. DBS Bank India Ltd. (DBIL) & Anr

> NCLAT judgment dated 2025-05-28. Citation: TCN-2025-NCLAT-00013. The appeal challenges the removal of the Resolution Professional (RP) and the appointment of…

- **Court:** NCLAT
- **Order date:** 28 May 2025
- **Citation:** TCN-2025-NCLAT-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashok-tiwari-vs-dbs-bank-india-ltd-9907ffa1

## Summary

### Background

The appeal challenges the removal of the Resolution Professional (RP) and the appointment of another RP. The Corporate Insolvency Resolution Process (CIRP) was initiated under Section 7 of the Insolvency and Bankruptcy Code (IBC) by financial creditors against the corporate debtor. An Interim Resolution Professional (IRP) was appointed, who then constituted a Committee of Creditors (CoC). The legitimacy of respondents 2 to 6 to remain in the CoC is being questioned in I.A. No. 4742 of 2024, which is pending adjudication by the Adjudicating Authority. Respondents 2 to 6 have constituted themselves to promote the originally appointed RP and another person as the Resolution Professional.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated under Section 7 of the IBC by financial creditors against the corporate debtor. An Interim Resolution Professional (IRP) was appointed and constituted a Committee of Creditors (CoC). The legitimacy of respondents 2 to 6 to stay in the CoC is being questioned in I.A. No. 4742 of 2024, which is pending adjudication. The CoC removed the originally appointed RP and replaced them with another RP. The appellant challenges this removal, arguing that the CoC's action is unlawful due to the pending I.A. The respondents argue that their claims were initially not considered by the IRP, and the CoC moved the Adjudicating Authority to consider their claims. The RP stated that she considered and provisionally admitted

…

## Issues and analysis

### Issue 1: Whether the removal of the Resolution Professional (RP) by the Committee of Creditors (CoC) and the …

**Ratio:** The validity of the CoC's decision to remove and replace the RP hinges on the legitimacy

…

**Reasoning:** The court acknowledges the appellant's argument that the CoC's actions are questionable

…

**Interpretation:** The legal issue revolves around the principle that a decision-making body's

…

**Application:** In this specific case, the court has recognized the potential impact of I.A.

…

## Parties

- **Judges:** N. Sesha…; Barun M…
- **Appellants:** Ashok T…
- **Respondents:** DBS Bank India…

## Timeline

- **2024-01-01 — I.A. No. 474…**: I.A. No. 4742 of 2024 is filed, questioning the legitimacy of respondents 2 to 6 to stay…
- **2025-05-28 — Appeal F…**: Appeal filed challenging the removal of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/ashok-tiwari-vs-dbs-bank-india-ltd-9907ffa1