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

> NCLT judgment dated 2022-01-07. Citation: TCN-2022-NCLT-04483. 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-04483
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/fore-representations-travels-pvt-ltd-ib-922-nd-2020-a859852b

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Gullivers Travel Associates, an operational creditor, against Fore Representations & Travels Pvt. Ltd., the corporate debtor. The Adjudicating Authority admitted the petition on 23.12.2021 and initiated the Corporate Insolvency Resolution Process (CIRP). An Interim Resolution Professional (IRP) was appointed, but he 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). However, Mr. Khandelwal expressed his inability to act as the IRP due to ineligibility. The matter was brought before the court on 07.01.2022 for clarification. The operational creditor's counsel requested the Tribunal to appoint an IRP from the list provided by the IBBI. Consequently, Mr. Rajesh Ramnani was appointed as the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can appoint a new Interim Resolution Professional (IRP) when the …

**Ratio:** The Adjudicating Authority has the power and responsibility to ensure the CIRP proceeds

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**Reasoning:** The court reasoned that the CIRP cannot be stalled due to the ineligibility of the

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**Interpretation:** This interprets the provisions of the Insolvency and Bankruptcy Code, 2016, to

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**Application:** In this case, the initially appointed IRP, Mr. Mahender Kumar Khandelwal,

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## Parties

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

## Timeline

- **2021-12-23 — Admission of…**: The Adjudicating Authority admitted the petition (IB-922/ND/2020) filed by Gullivers…
- **2021-12-23 — Appointment…**: 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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