# In the matter  of Impala Distillery and Brewery Ltd. IA 152,382,634,815,1454,1514,1733 & 1715-2021 in CP (IB) 817-MB-2019

> NCLT judgment dated 2021-10-06. Citation: TCN-2021-NCLT-00825. The document pertains to several Interlocutory Applications (IAs) filed in a Corporate…

- **Court:** NCLT
- **Order date:** 6 Oct 2021
- **Citation:** TCN-2021-NCLT-00825
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/impala-distillery-and-brewery-ltd-ia-152382634815145415141733-1715-2021-in-cp-ib-115e9e08

## Summary

### Background

The document pertains to several Interlocutory Applications (IAs) filed in a Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. Specifically, it addresses IA 2092/2021, which concerns the replacement of the Resolution Professional (RP) Mr. Sameer Kakar with Ms. Sujata Chattopadhyay. The application is supported by the minutes of the Committee of Creditors (CoC) meeting dated 2021-09-16 and the written consent of the proposed RP.

## Facts

IDBI Bank Limited filed a Corporate Insolvency Resolution Process (CIRP) application against M/s Impala Distillery and Brewery Ltd. Several Interlocutory Applications (IAs) were filed, including IA 382/2021, IA 634/2021, IA 152/2021, IA 2092/2021, IA 815/2021, IA 1454/2021, IA 1514/2021, IA 1733/2020, and IA 1715/2021. IA 2092/2021 specifically pertains to the replacement of the Resolution Professional (RP) Mr. Sameer Kakar with Ms. Sujata Chattopadhyay. The application for replacement was supported by the minutes of the Committee of Creditors (CoC) dated 2021-09-16. Ms. Sujata Chattopadhyay also provided her written consent in Form-2. The court heard arguments in IA-634/2021 and reserved orders. Other pending applications were directed to be listed on 2021-11-19. The

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## Issues and analysis

### Issue 1: Whether the application for the replacement of the Resolution Professional, Mr. Sameer Kakar, with …

**Ratio:** The court has the power to replace a Resolution Professional under Section 27 of the

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**Reasoning:** The court accepted the prayer made in the application, noting that the application was

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**Interpretation:** Section 27 of the IBC provides a mechanism for the CoC to replace the RP with

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**Application:** In this case, the CoC supported the replacement, and Ms. Sujata Chattopadhyay

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## Parties

- **Judges:** SH. BHASKARA…; SH. NARENDER…
- **Appellants:** IDBI Bank L…
- **Respondents:** M/s Impala…

## Timeline

- **2021-09-16 — CoC Meet…**: Minutes of the Committee of Creditors (CoC) meeting supporting the replacement of the…
- **2021-10-06 — Order Del…**: Order delivered by the NCLT approving the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43(1) — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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