# In the matter of Bigmoon Buildcon Pvt. Ltd. (IB)-574(PB)-2019

> NCLT judgment dated 2020-01-13. Citation: TCN-2020-NCLT-02355. The case pertains to an application filed under Section 22(3) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 13 Jan 2020
- **Citation:** TCN-2020-NCLT-02355
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bigmoon-buildcon-pvt-ltd-ib-574pb-2019-6365f4f4

## Summary

### Background

The case pertains to an application filed under Section 22(3) of the Insolvency and Bankruptcy Code, 2016, by the Authorized Representative of the Committee of Creditors (CoC). The application seeks confirmation of the appointment of Mr. Ajay Goyal as the Interim Resolution Professional (IRP) to Resolution Professional.

## Facts

An application was filed under Section 22(3) of the Insolvency and Bankruptcy Code, 2016, by the Authorized Representative of the Committee of Creditors (CoC). The application sought confirmation of the appointment of Mr. Ajay Goyal as Interim Resolution Professional (IRP) to Resolution Professional. The CoC approved the appointment with 66.13% votes during the second CoC meeting held on November 6, 2019. The application was deemed to be in compliance with the provisions of law.

## Issues and analysis

### Issue 1: Whether the application filed under Section 22(3) of the Insolvency and Bankruptcy Code, 2016, for …

**Ratio:** The appointment of an Interim Resolution Professional as Resolution Professional can be

…

**Reasoning:** The court reasoned that the application was filed by the Authorized Representative of the

…

**Interpretation:** Section 22(3) of the Insolvency and Bankruptcy Code, 2016, allows the Committee

…

**Application:** In this case, the application was filed by the Authorized Representative of the

…

## Parties

- **Judges:** B.S.V. Prakash…; SH. S.K MOH…
- **Appellants:** Dinesh K…
- **Respondents:** Bigmoon Buildcon…
- **Advocates:** Aarzoo…

## Timeline

- **2019-11-06 — CoC Meet…**: Second Committee of Creditors (CoC) meeting held where Mr. Ajay Goyal's appointment as…
- **2020-01-13 — Order Del…**: Order delivered by the NCLT confirming the appointment of Mr. Ajay Goyal as Resolution…

## 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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