# In the matter of Fore Representations & Travels Pvt. Ltd. IB-922-(ND)-2020

> NCLT judgment dated 2022-01-07. Citation: TCN-2022-NCLT-04489. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 7 Jan 2022
- **Citation:** TCN-2022-NCLT-04489
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/fore-representations-travels-pvt-ltd-ib-922-nd-2020-992ad0f3

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Gullivers Travel Associates (Operational Creditor) against Fore Representations & Travels Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority admitted the petition on 23.12.2021 and initiated the Corporate Insolvency Resolution Process (CIRP). Mr. Mahender Kumar Khandelwal was initially appointed as the Interim Resolution Professional (IRP) but expressed his inability to act due to ineligibility.

## Facts

Gullivers Travel Associates, an Operational Creditor, filed a petition (IB-922/ND/2020) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Fore Representations & Travels Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority admitted the petition on 23.12.2021, initiating the Corporate Insolvency Resolution Process (CIRP). Mr. Mahender Kumar Khandelwal was initially appointed as the Interim Resolution Professional (IRP), but he expressed his inability to act due to ineligibility. The matter was then put up for clarification on 07.01.2022. The Operational Creditor's counsel preferred that the Tribunal appoint a new IRP from the list provided by the IBBI. Consequently, Mr. Rajesh Ramnani was appointed as the new IRP. The applicant is directed

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can replace an initially appointed Interim Resolution …

**Ratio:** The Adjudicating Authority has the power to replace an IRP who is unable to perform their

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**Reasoning:** The court reasoned that the initial IRP's inability to act would halt the CIRP if a

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**Interpretation:** This interprets the provisions of the IBC to allow for flexibility in the

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**Application:** In this case, the initial IRP's ineligibility necessitated the appointment of a

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## Parties

- **Judges:** P.S.N. P…; RAHUL BHA…
- **Appellants:** Gullivers Travel…
- **Respondents:** Fore Representatio…

## Timeline

- **2021-12-23 — Petition Ad…**: The Adjudicating Authority admitted the petition (IB-922/ND/2020) filed by Gullivers…
- **2021-12-23 — Initial IRP Ap…**: Mr. Mahender Kumar Khandelwal was appointed as…

## 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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