# In the matter of Sandeep Anand vs. Gopal Lal Baser

> NCLAT judgment dated 2023-09-15. Citation: TCN-2023-NCLAT-00199. The Resolution Professional was suspended by an order from the IBBI on 2023-05-26 for two…

- **Court:** NCLAT
- **Order date:** 15 Sept 2023
- **Citation:** TCN-2023-NCLAT-00199
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sandeep-anand-vs-gopal-lal-baser-9d819c3f

## Summary

### Background

The Resolution Professional was suspended by an order from the IBBI on 2023-05-26 for two years. Following the suspension, an I.A. No. 3652/2023 was filed seeking direction from the Adjudicating Authority regarding whether the Resolution Professional should continue in the CIRP. The Adjudicating Authority directed the Resolution Professional to approach the CoC on 2023-07-17. The appellant contends that the Resolution Professional should not have been allowed to continue or file an application before the Adjudicating Authority.

## Facts

The Resolution Professional was suspended by IBBI on 2023-05-26 for two years. After suspension, the Resolution Professional filed I.A. No. 3652/2023, seeking direction from the Adjudicating Authority regarding continuation in the CIRP. The Adjudicating Authority directed the Resolution Professional to approach the CoC on 2023-07-17. The appellant argues that the Resolution Professional should not have been allowed to continue or file an application before the Adjudicating Authority. The court found substance in the appellant's submissions and stayed the order dated 2023-07-17.

## Issues and analysis

### Issue 1: Whether a Resolution Professional, suspended by the IBBI, can continue in the CIRP and approach the …

**Ratio:** The ratio is based on the principle that a suspended Resolution Professional's authority

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**Reasoning:** The court's reasoning is based on the premise that a suspension implies a temporary

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**Interpretation:** The interpretation revolves around the scope and effect of the suspension order

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**Application:** The application involves determining whether the Resolution Professional's

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Sandeep…
- **Respondents:** Gopal Lal…

## Timeline

- **2023-05-26 — IBBI Ord…**: The Resolution Professional was suspended by…
- **2023-07-17 — Adjudicating Authority…**: The Adjudicating Authority directed the…

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