# In the matter of Apna Scientific Supplies Pvt. Ltd. MA-154-2019 In CP 811-IB-2018

> NCLT judgment dated 2019-03-14. Citation: TCN-2019-NCLT-04426. The case involves non-compliance by the Interim Resolution Professional (IRP), Mr. Gopala…

- **Court:** NCLT
- **Order date:** 14 Mar 2019
- **Citation:** TCN-2019-NCLT-04426
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/apna-scientific-supplies-pvt-ltd-ma-154-2019-in-cp-811-ib-2018-983662bf

## Summary

### Background

The case involves non-compliance by the Interim Resolution Professional (IRP), Mr. Gopala Krishna Raju, despite multiple directions from the National Company Law Tribunal (NCLT). The IRP failed to appear before the Bench on multiple occasions, including after being informed of hearing dates. Indian Overseas Bank, the applicant, sent a letter to the IRP regarding the second meeting of the Committee of Creditors (CoC) to replace him and propose a Resolution Professional (RP).

## Facts

The Indian Overseas Bank initiated a Corporate Insolvency Resolution Process (CIRP) against Apna Scientific Supplies Private Limited. Mr. Gopala Krishna Raju was appointed as the Interim Resolution Professional (IRP). The NCLT directed the IRP to be present for hearings on multiple occasions, specifically on 2019-03-01, 2019-03-11, 2019-03-13, and 2019-03-14. Despite being informed, Mr. Raju failed to appear. Indian Overseas Bank sent a letter to Mr. Raju to conduct the second meeting of the Committee of Creditors (CoC) to replace him and propose a Resolution Professional (RP). The IRP responded to the letter. The IRP's absence and failure to comply with the Tribunal's orders led to the Tribunal declaring him unfit and imposing a fine. Mr. Ramachandran Balachandran was

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## Issues and analysis

### Issue 1: Whether the IRP, Mr. Gopala Krishna Raju, was in …

**Ratio:** An IRP is expected to comply with the orders of the Tribunal and to diligently perform

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**Reasoning:** The Tribunal found that Mr. Raju had been directed to appear before the Bench on multiple

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**Interpretation:** The interpretation is that an IRP's failure to comply with Tribunal orders

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** CH. MOHD SHARIEF…
- **Appellants:** Indian Overseas…
- **Respondents:** Apna Scientific…; GOPALA KRISHNA…

## Timeline

- **2018-01-01 — CP/811/IB/201…**: CP/811/IB/2018 petition…
- **2019-03-01 — Order Da…**: Applicant directed to inform the…

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