# In the matter of Sharvan Kumar Vishnoi Vs. Crown Alba Writing Instrument P. Ltd. CA (AT) No. 253-2018

> NCLAT judgment dated 2018-05-28. Citation: TCN-2018-NCLAT-00257. This appeal was filed by Sharvan Kumar Vishnoi after the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 28 May 2018
- **Citation:** TCN-2018-NCLAT-00257
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sharvan-kumar-vishnoi-vs-crown-alba-writing-instrument-p-ltd-ca-68bf2e01

## Summary

### Background

This appeal was filed by Sharvan Kumar Vishnoi after the Adjudicating Authority (National Company Law Tribunal, Allahabad Bench) appointed Mr. Anurag Goel as a ‘Resolution Professional’ instead of Sharvan Kumar Vishnoi. The Adjudicating Authority's decision was based on the fact that Sharvan Kumar Vishnoi had already been appointed as 'Resolution Professional' in another case. The appellant argues that the ‘Operational Creditor’ proposed his name as the ‘Interim Resolution Professional’ and that the Adjudicating Authority can only reject the proposal if there are disciplinary proceedings pending against him.

## Facts

Sharvan Kumar Vishnoi filed an appeal against the order of the Adjudicating Authority (National Company Law Tribunal, Allahabad Bench) which appointed Mr. Anurag Goel as a ‘Resolution Professional’ instead of him. The Adjudicating Authority's decision was based on the fact that Sharvan Kumar Vishnoi had already been appointed as 'Resolution Professional' in another case. The ‘Operational Creditor’ proposed Sharvan Kumar Vishnoi's name as the ‘Interim Resolution Professional’. The appellant argued that the Adjudicating Authority can only reject the proposal if there are disciplinary proceedings pending against him. The court noted that Mr. Anurag Goel had been appointed as ‘Resolution Professional’ and the Insolvency & Bankruptcy Board of India (IBBI) had approved

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in appointing Mr. Anurag Goel as the Resolution …

**Ratio:** The Committee of Creditors has the power to appoint or replace the Interim Resolution

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**Reasoning:** The court found that Mr. Anurag Goel had already been appointed as ‘Resolution

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**Interpretation:** The Adjudicating Authority's decision to appoint a different Resolution

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**Application:** In this case, the court deferred to the appointment of Mr. Anurag Goel, as he

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Sharvan Kumar…
- **Respondents:** Crown Alba…

## Timeline

- **2018-05-10 — Impugned Ord…**: The Adjudicating Authority (National Company Law Tribunal, Allahabad Bench) appointed Mr.…
- **2018-05-28 — Appeal F…**: Sharvan Kumar Vishnoi filed an appeal against…

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