# In the matter of Privilege Healthcare Services Private Limited IA 990-2020 in CP 1902-I & BC-2019

> NCLT judgment dated 2020-06-09. Citation: TCN-2020-NCLT-01209. The document pertains to an application filed under Section 22(3)(b) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 9 Jun 2020
- **Citation:** TCN-2020-NCLT-01209
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/privilege-healthcare-services-private-limited-ia-990-2020-in-cp-1902-i-bc-2019-ad48b479

## Summary

### Background

The document pertains to an application filed under Section 22(3)(b) of the Insolvency and Bankruptcy Code, 2016, seeking the replacement of the existing Resolution Professional (RP) for the corporate debtor, M/s. Privelege Health Care Service Ltd. The Committee of Creditors (CoC) passed a resolution with 100% voting share in its 3rd meeting held on 20.04.2020, proposing the appointment of Mr. Shailesh Bhalchandra Desai as the new RP.

## Facts

An application IA-990/2020 was filed under Section 22(3)(b) of the Insolvency and Bankruptcy Code, 2016, seeking the replacement of the existing Resolution Professional (RP) for the corporate debtor, M/s. Privelege Health Care Service Ltd. The Committee of Creditors (CoC) passed a resolution with 100% voting share in its 3rd meeting held on 2020-04-20, proposing the appointment of Mr. Shailesh Bhalchandra Desai as the new RP. The Form-AA of Mr. Shailesh Bhalchandra Desai was annexed with the application. The court considered the submissions made by the counsel and the documents placed on record. The court appointed Mr. Shailesh Bhalchandra Desai as the Resolution Professional for the corporate debtor and accepted the proposal made by the CoC. The RP is expected to

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## Issues and analysis

### Issue 1: Whether the application for replacement of the Resolution Professional under Section 22(3)(b) of …

**Ratio:** Section 22(3)(b) of the Insolvency and Bankruptcy Code, 2016, allows for the replacement

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**Reasoning:** The court considered the application, the resolution passed by the CoC with 100% voting

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**Interpretation:** Section 22(3)(b) provides a mechanism for the CoC to propose a replacement of

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**Application:** In this case, the CoC passed a resolution with 100% voting share proposing the

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## Parties

- **Judges:** SH. B.S.V.…; SH. HEMANT KUMAR…
- **Appellants:** CoC, M/s.…
- **Respondents:** M/s. Privelege…
- **Advocates:** Ayush R…

## Timeline

- **2020-04-20 — CoC Meet…**: The Committee of Creditors (CoC) held its 3rd meeting and passed a resolution with 100%…
- **2020-06-09 — Order Del…**: The order was delivered, appointing Mr. Shailesh Bhalchandra Desai as the Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 22(3) — Appointment of resolution professional](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-22)

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