# In the matter of Jap Infratech Pvt. Ltd. CP (IB) No. 212 (ND)-2017

> NCLT judgment dated 2017-10-04. Citation: TCN-2017-NCLT-00322. The case involves an application filed by the Interim Resolution Professional (IRP), Shri Kanti…

- **Court:** NCLT
- **Order date:** 4 Oct 2017
- **Citation:** TCN-2017-NCLT-00322
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jap-infratech-pvt-ltd-cp-ib-no-212-nd-2017-a58106fe

## Summary

### Background

The case involves an application filed by the Interim Resolution Professional (IRP), Shri Kanti Mohan, regarding the confirmation of his appointment. Despite an order dated 24.08.2017 confirming his appointment, he was not informed about it until 3rd October, 2017.

## Facts

The Interim Resolution Professional (IRP), Shri Kanti Mohan, filed an application because he was not informed about his appointment despite an order dated 24.08.2017 confirming it. He only learned about his appointment on 3rd October, 2017. He requested that his tenure as IRP commence from 4th October, 2017. The court considered that the IRP could not act without due intimation.

## Issues and analysis

### Issue 1: Whether the appointment of the IRP should be confirmed given the delay in communication of the …

**Ratio:** An IRP cannot be expected to act without

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**Reasoning:** The court reasoned that it is unreasonable to expect the IRP to perform their duties

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**Interpretation:** This highlights the importance of timely communication of appointment orders to

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**Application:** The court applied this principle to the present case, acknowledging the delay

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## Parties

- **Judges:** SH. S.K MOH…; Ina Mal…
- **Appellants:** M/s. Innovative…
- **Respondents:** M/s. Jap Infratech…

## Timeline

- **2017-08-24 — Order Da…**: Order confirming the appointment of…
- **2017-10-03 — IRP Learns of…**: Shri Kanti Mohan learned…

## 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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