# In the matter of AG Conveying Systems Private Limited C.P.(IB)-4238-MB-2018

> NCLT judgment dated 2019-12-10. Citation: TCN-2019-NCLT-00250. The case pertains to C.P.(IB)-4238/MB/2018 filed under Section 9 of the Insolvency & Bankruptcy…

- **Court:** NCLT
- **Order date:** 10 Dec 2019
- **Citation:** TCN-2019-NCLT-00250
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ag-conveying-systems-private-limited-cpib-4238-mb-2018-6b5da4a0

## Summary

### Background

The case pertains to C.P.(IB)-4238/MB/2018 filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. The matter involves Steelman Engineering & Forgings, a proprietorship, as the Operational Creditor, and AG Conveying Systems Private Limited as the Corporate Debtor. The order was delivered on December 10, 2019.

## Facts

Steelman Engineering & Forgings, a proprietorship represented by Mr. Anand Mehta, is the Operational Creditor. AG Conveying Systems Private Limited is the Corporate Debtor. An application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Adjudicating Authority passed an order on December 3, 2019, and in continuation of that order, appointed Mr. Rajesh S. Shah as the Interim Resolution Professional (IRP). The IRP is directed to take further steps in the matter immediately. The relevance of these facts lies in the progression of the insolvency resolution process and the appointment of a professional to manage the process.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority is justified in appointing Mr. Rajesh S. Shah as the Interim …

**Ratio:** The Adjudicating Authority has the power to appoint an IRP to manage the Corporate Debtor

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**Reasoning:** The Adjudicating Authority, in continuation of its previous order, found it necessary to

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**Interpretation:** The interpretation involves the Adjudicating Authority's role in ensuring a

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**Application:** The ratio and reasoning are applied to the specific facts by appointing Mr.

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Steelman Engineeri…
- **Respondents:** AG Conveying…

## Timeline

- **2019-12-03 — Previous…**: An order was passed by the…
- **2019-12-10 — Order for IRP…**: Mr. Rajesh S. Shah is appointed as the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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