# In the matter of Bhadreshwar Vidyut Pvt. Ltd. 
IA-442 & 443-IB-2020 in IBA-967-2019

> NCLT judgment dated 2020-07-28. Citation: TCN-2020-NCLT-00958. The case involves applications IA/443/IB/2020 and IA/442/IB/2020 in IBA/967/2019 before the…

- **Court:** NCLT
- **Order date:** 28 Jul 2020
- **Citation:** TCN-2020-NCLT-00958
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhadreshwar-vidyut-pvt-ltd-ia-442-443-ib-2020-in-iba-967-2019-037212cd

## Summary

### Background

The case involves applications IA/443/IB/2020 and IA/442/IB/2020 in IBA/967/2019 before the National Company Law Tribunal (NCLT), Chennai Bench. The applications were heard via video conferencing. The core issue revolves around the appointment of Mr. Hitesh Goel as the Resolution Professional (RP) based on an application filed by REC Ltd. The appointment was communicated to the IBBI for confirmation.

## Facts

REC Ltd. filed an application (IA/442/2020) seeking the appointment of Mr. Hitesh Goel as the Resolution Professional (RP). The NCLT passed an order on 2020-07-09 to appoint Mr. Goel as RP. This appointment was then communicated to the IBBI for confirmation. The IBBI communicated back on 2020-07-13, confirming that there were no adverse records against Mr. Goel. IA/443/IB/2020 was also listed before the Tribunal as an urgent application. The Tribunal, noting the IBBI's confirmation and the disposal of IA/442/IB/2020, decided that separate orders for IA/443/IB/2020 were unnecessary and disposed of both applications.

## Issues and analysis

### Issue 1: Whether the appointment of Mr. Hitesh Goel as the Resolution Professional should be confirmed given …

**Ratio:** The confirmation by the IBBI regarding the absence of adverse records against the

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**Reasoning:** The Tribunal relied on the IBBI's communication, which stated that there were no adverse

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**Interpretation:** The IBBI's role is to ensure that individuals appointed as Resolution

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**Application:** In this case, the IBBI's confirmation was applied to support the appointment of

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** REC…
- **Respondents:** Bhadreshwar…; JAYASHREE S IYER…

## Timeline

- **2020-07-09 — Tribunal…**: The Tribunal passed an order appointing Mr. Hitesh Goel as the Resolution Professional…
- **2020-07-13 — IBBI Commun…**: The IBBI communicated that there were no adverse records against Mr. Hitesh Goel,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 22(3) — Appointment of resolution professional](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-22)

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