# In the matter of Carbontree Industries Private Limited C.P.(IB)-1972-MB-2019

> NCLT judgment dated 2019-12-10. Citation: TCN-2019-NCLT-00261. The case pertains to C.P.(IB)-1972/MB/2019, filed under Section 9 of the Insolvency &…

- **Court:** NCLT
- **Order date:** 10 Dec 2019
- **Citation:** TCN-2019-NCLT-00261
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/carbontree-industries-private-limited-cpib-1972-mb-2019-6027f083

## Summary

### Background

The case pertains to C.P.(IB)-1972/MB/2019, filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. The matter concerns 'The Shop', a registered partnership firm represented by its Partner, Mr. Dharamsi Nanji Patel, who is the Operational Creditor, versus Carbontree Industries Private Limited, the Corporate Debtor.

## Facts

The case involves an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, by an Operational Creditor, Mr. Dharamsi Nanji Patel representing 'The Shop', against Carbontree Industries Private Limited, the Corporate Debtor. The Adjudicating Authority, through its order dated 10.12.2019, appointed Mr. Rajan Rawat as the Interim Resolution Professional (IRP). This appointment is a continuation of proceedings from an earlier order dated 03.12.2019. The IRP is directed to take further steps in the matter.

## Issues and analysis

### Issue 1: Whether Mr. Rajan Rawat should be appointed as the Interim Resolution Professional (IRP) for …

**Ratio:** The Adjudicating Authority has the power to appoint an Interim Resolution Professional

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

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**Interpretation:** The appointment of an IRP is a critical step in the CIRP, allowing for the

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**Application:** Given the ongoing CIRP against Carbontree Industries Private Limited, the

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Dharamsi Nanji…
- **Respondents:** Carbontree…

## Timeline

- **2019-12-03 — Previous…**: An order was passed by the…
- **2019-12-10 — Appointment…**: Mr. Rajan Rawat is appointed as the Interim Resolution Professional (IRP) for Carbontree…

## 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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