# In the matter of Emgee Cables and Communication Ltd. IA No.. 72,185,215,236,322-JPR-2019  in IB No. 601(ND)2018

> NCLT judgment dated 2019-09-25. Citation: TCN-2019-NCLT-01256. The case involves an application (IA No. 322/JPR/2019) filed by the former Resolution…

- **Court:** NCLT
- **Order date:** 25 Sept 2019
- **Citation:** TCN-2019-NCLT-01256
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/emgee-cables-and-communication-ltd-ia-no-72185215236322-jpr-2019-in-ib-no-601nd2-8f2bb1ba

## Summary

### Background

The case involves an application (IA No. 322/JPR/2019) filed by the former Resolution Professional (RP) in Corporate Insolvency Resolution Process (CIRP) No. IB-601(ND)/2018, TA No. 69/2018, seeking the replacement of the current Liquidator, Mr. Suresh Chand Garg, with Sh. Satyendra Prasad Khorania. The applicant argues that the Tribunal had previously ordered liquidation in IA No. 117/JPR/2019 on 18.09.2019, appointing Mr. Suresh Chand Garg as the Liquidator. However, the Committee of Creditors (CoC) had approved Sh. Satyendra Prasad Khorania as the Liquidator.

## Facts

The former Resolution Professional (RP) filed an IA seeking the replacement of the current Liquidator, Mr. Suresh Chand Garg, with Sh. Satyendra Prasad Khorania. The Corporate Insolvency Resolution Process (CIRP) number is IB-601(ND)/2018, and TA No. is 69/2018. The Tribunal had previously ordered liquidation in IA No. 117/JPR/2019 on 18.09.2019, appointing Mr. Suresh Chand Garg as the Liquidator. The Committee of Creditors (CoC) approved Sh. Satyendra Prasad Khorania as the Liquidator. The applicant's argument is based on the CoC's approval of Sh. Satyendra Prasad Khorania. The registration number of Sh. Satyendra Prasad Khorania is IBBI/IPA-002/IP-N0002/2016-17/10002.

## Issues and analysis

### Issue 1: Whether the Tribunal should replace the existing Liquidator, Mr. Suresh Chand Garg, with Sh. …

**Ratio:** The decision of the Committee of Creditors (CoC) regarding the appointment of a

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**Reasoning:** The Tribunal considered the fact that the CoC had approved Sh. Satyendra Prasad Khorania

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**Interpretation:** The legal issue revolves around the balance between the Tribunal's authority to

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**Application:** In this specific case, the Tribunal applied the principle of respecting the

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## Parties

- **Judges:** POONDLA BHASKARA…; RAGHU N…; +1 more
- **Appellants:** M/s Packwell…
- **Respondents:** Emgee Cables and…

## Timeline

- **2018-01-01 — CIRP Comm…**: Corporate Insolvency Resolution Process (CIRP) initiated with number IB No. 601(ND)/2018…
- **2019-09-18 — Liquidation…**: Tribunal ordered liquidation in IA No. 117/JPR/2019 and named Mr. Suresh Chand Garg as…

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