# In the matter of LIC HFL Trustee Co Pvt Ltd Vs. Kavitha, IBC SR. No. 5/21

> NCLT judgment dated 2021-03-12. Citation: TCN-2021-NCLT-02720. The case involves an application under the IBC (Insolvency and Bankruptcy Code). The Tribunal…

- **Court:** NCLT
- **Order date:** 12 Mar 2021
- **Citation:** TCN-2021-NCLT-02720
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lic-hfl-trustee-co-pvt-ltd-vs-kavitha-ibc-sr-no-521-1a34222c

## Summary

### Background

The case involves an application under the IBC (Insolvency and Bankruptcy Code). The Tribunal sought confirmation from the Board regarding any pending disciplinary proceedings against the Resolution Professional through whom the application was filed.

## Facts

The Tribunal initiated proceedings under the IBC. The Board was directed to confirm the status of any disciplinary actions against the Resolution Professional associated with the application. The Board communicated on 2021-03-11 that no disciplinary proceedings were pending against Ms. Geetha Sridhar. Consequently, Ms. Geetha Sridhar was appointed as the Resolution Professional and is required to submit a report within 10 days, with posting on 2021-03-23.

## Issues and analysis

### Issue 1: Whether the appointment of Ms. Geetha Sridhar as Resolution Professional is valid given the …

**Ratio:** The legal principle is that a Resolution Professional can be appointed if there are no

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**Reasoning:** The court reasoned that since the Board confirmed the absence of pending disciplinary

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**Interpretation:** This involves interpreting the IBC provisions related to the appointment of

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** SHRI. T.…
- **Appellants:** LIC HFL TRUSTEE…
- **Respondents:** KAVI…

## Timeline

- **2021-03-05 — Tribunal…**: The Tribunal ordered the Board to confirm whether any disciplinary proceedings were…
- **2021-03-11 — Board Commun…**: The Board communicated that no disciplinary proceedings were pending against Ms. Geetha…

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