# In the matter of Rajinder Kapoor Proprietor R.K. Kapoor & Co. Vs. Anil Kapoor, IRP & Ors. CA (AT) Nos. 198 & 200-2017

> NCLAT judgment dated 2017-09-22. Citation: TCN-2017-NCLAT-00113. The case involves two company appeals against orders passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 22 Sept 2017
- **Citation:** TCN-2017-NCLAT-00113
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajinder-kapoor-proprietor-rk-kapoor-co-vs-anil-kapoor-irp-ors-ca-e1ff4e5f

## Summary

### Background

The case involves two company appeals against orders passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The appeals challenge orders related to the corporate insolvency resolution process. The core issue revolves around the replacement of the Interim Resolution Professional (IRP).

## Facts

Two company appeals were filed against orders passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The orders were issued in CA Nos. 122/2017, 123/2017, and 124/2017 in CP (IB) No. 37/Chd/Pb/2017. The appellants challenged the order dated September 8, 2017. The counsel for the appellants submitted that the Committee of Creditors (CoC) had decided to remove the existing Interim Resolution Professional (IRP) and appoint a new one. The term of the initial IRP (thirty days) had already expired. The court considered Section 27 of the Insolvency and Bankruptcy Code (I&B Code), which governs the replacement of the Resolution Professional by the CoC. The Adjudicating Authority was required to appoint an Insolvency Resolution Professional.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority is bound to consider the name of another 'Resolution …

**Ratio:** Section 27 of the Insolvency and Bankruptcy Code (I&B Code) governs the replacement

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**Reasoning:** The court reasoned that the Adjudicating Authority is duty-bound to consider the name of

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**Interpretation:** Section 27 provides a mechanism for the Committee of Creditors to replace a

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**Application:** Given that the Committee of Creditors had decided to replace the Interim

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Rajinder…
- **Respondents:** Anil K…

## Timeline

- **2017-09-08 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, passed an…
- **2017-09-22 — Appellants Challenge…**: The appellants challenged the order dated September 8, 2017, passed by the Adjudicating…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 27 — Replacement of resolution professional by…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-27)

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