This is a Company Appeal (AT)(CH)(Ins) No.392/2022 filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, arising out of an order dated 20.07.2022 in IA No. 259/2022 in CP(IB) No.12/BB/2021 passed by the Adjudicating Authority (National Company Law Tribunal, Bengaluru Bench, Bengaluru). The appellant, Sunit Suri, challenged the impugned order, arguing that as a suspended director/shareholder of the corporate debtor, he is entitled to maintain the appeal. The appellant sought to set aside the impugned order, which pertained to the rejection of an application for the removal of the Interim Resolution Professional (IRP).
Sunit Suri, the appellant, is the ex-director of the Corporate Debtor. He filed an application (IA No. 259/2022) before the Adjudicating Authority (NCLT, Bengaluru Bench) seeking the replacement of the Interim Resolution Professional (IRP). The IRP, Mr. Ahsan Ahmed, was appointed for SDU Travels Pvt. Ltd. The Adjudicating Authority dismissed the application, stating it was not maintainable as it was not filed by the Committee of Creditors (CoC) or the Resolution Professional (RP). Sunit Suri, being a suspended director/shareholder, filed an appeal against this order. The appellant argued that the IRP was not acting independently and was influenced by the suspended board of directors and that there was a nexus between the IRP and the Corporate Debtor. The CoC members
…Sign in to view the parties.
The Adjudicating Authority (National Company…
The Learned Counsel for the 'Appellant' stated…
This is a Company Appeal (AT)(CH)(Ins) No.392/2022 filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, arising out of an order dated 20.07.2022 in IA No. 259/2022 in CP(IB) No.12/BB/2021 passed by the Adjudicating Authority (National Company Law Tribunal, Bengaluru Bench, Bengaluru). The appellant, Sunit Suri, challenged the impugned order, arguing that as a suspended director/shareholder of the corporate debtor, he is entitled to maintain the appeal. The appellant sought to set aside the impugned order, which pertained to the rejection of an application for the removal of the Interim Resolution Professional (IRP).
Sunit Suri, the appellant, is the ex-director of the Corporate Debtor. He filed an application (IA No. 259/2022) before the Adjudicating Authority (NCLT, Bengaluru Bench) seeking the replacement of the Interim Resolution Professional (IRP). The IRP, Mr. Ahsan Ahmed, was appointed for SDU Travels Pvt. Ltd. The Adjudicating Authority dismissed the application, stating it was not maintainable as it was not filed by the Committee of Creditors (CoC) or the Resolution Professional (RP). Sunit Suri, being a suspended director/shareholder, filed an appeal against this order. The appellant argued that the IRP was not acting independently and was influenced by the suspended board of directors and that there was a nexus between the IRP and the Corporate Debtor. The CoC members
…The Adjudicating Authority (National Company…
The Learned Counsel for the 'Appellant' stated…