# In the matter of Briar Knoll Mills Pvt. Ltd. MA-348-2019 In CP-729-IB-2018

> NCLT judgment dated 2019-04-10. Citation: TCN-2019-NCLT-03960. The case involves an application to replace the Interim Resolution Professional (IRP) Mr. S.…

- **Court:** NCLT
- **Order date:** 10 Apr 2019
- **Citation:** TCN-2019-NCLT-03960
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/briar-knoll-mills-pvt-ltd-ma-348-2019-in-cp-729-ib-2018-12f38831

## Summary

### Background

The case involves an application to replace the Interim Resolution Professional (IRP) Mr. S. Ramasamy with Mr. Arumugam in a Corporate Insolvency Resolution Process (CIRP). The reason cited for the replacement is that Mr. Ramasamy is not interested in continuing the assignment because he is located in Chennai, while the Corporate Debtor (CD) is located in Madurai, making it difficult for him to monitor the CIRP.

## Facts

The key facts are as follows: An application was filed to replace the existing IRP, Mr. S. Ramasamy, with Mr. Arumugam. The reason for the replacement was that Mr. Ramasamy, based in Chennai, found it difficult to monitor the CIRP of the Corporate Debtor located in Madurai. The applicant argued that the geographical distance posed a significant challenge to the IRP's ability to effectively carry out his duties. The court found this reason plausible and granted the application.

## Issues and analysis

### Issue 1: Whether the Interim Resolution Professional (IRP) can be replaced due to logistical difficulties in …

**Ratio:** An IRP can be replaced if there are valid reasons that hinder their ability to

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**Reasoning:** The court reasoned that the geographical distance between the IRP's location (Chennai)

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**Interpretation:** The interpretation is that the court has the discretion to replace an IRP if

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**Application:** In this specific case, the ratio and reasoning were applied to the fact that

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** Bharath Kumar…
- **Respondents:** Briar Knoll Mills…

## Timeline

- **2019-02-25 — Order Da…**: The court order is dated 25.02.2019, directing the applicant to obtain a certified copy…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 27(3) — Replacement of resolution professional by…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-27)

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