# In the matter of Carnation Auto India Ltd. (IB) 302 (ND) /2017

> NCLT judgment dated 2018-03-14. Citation: TCN-2018-NCLT-01706. The case involves an application (C.A. 73/2018) filed by the Committee of Creditors (COC) to…

- **Court:** NCLT
- **Order date:** 14 Mar 2018
- **Citation:** TCN-2018-NCLT-01706
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/carnation-auto-india-ltd-ib-302-nd-2017-29888d51

## Summary

### Background

The case involves an application (C.A. 73/2018) filed by the Committee of Creditors (COC) to replace the Resolution Professional (RP). Notice was served to the previous RP, Mr. Mukesh Mohan. The COC also requested an extension of the time limit for the resolution process.

## Facts

The Committee of Creditors (COC) filed an application (C.A. 73/2018) seeking to replace the existing Resolution Professional (RP). The previous RP, Mr. Mukesh Mohan, was notified and did not object to the replacement. The COC also requested an extension of the time limit for conducting the resolution process. The court was informed that Expressions of Interest (EOIs) had been received and would be presented to the COC for consideration. The relevance of these facts is that they pertain to the procedural aspects of the insolvency resolution process, specifically the replacement of the RP and the extension of the resolution timeline.

## Issues and analysis

### Issue 1: Whether the appointment of Mr. Arvind Garg as the …

**Ratio:** The court has the authority to appoint a new Resolution Professional based on the COC's

…

**Reasoning:** The court considered the COC's application and the absence of any objection from the

…

**Interpretation:** This issue involves the interpretation of the Insolvency and Bankruptcy Code

…

**Application:** The court applied the ratio to the facts by confirming the appointment of Mr.

…

## Parties

- **Judges:** DeepaKr…; Ina Mal…
- **Appellants:** Punjab National…
- **Respondents:** Carnation Auto…; M/s Carnation…

## Timeline

- **2018-03-14 — Hearing…**: Hearing before the New Delhi Bench of…
- **2018-01-01 — C.A. 73/201…**: C.A. 73/2018 filed by the COC to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/carnation-auto-india-ltd-ib-302-nd-2017-29888d51