# In the matter of RP Telebuy Skyshop Pvt  Ltd. IA-377-2019 in IBA-267-2019

> NCLT judgment dated 2020-06-24. Citation: TCN-2020-NCLT-01132. The case involves an application (IA/377/2019) within an insolvency proceeding (IBA/267/2019)…

- **Court:** NCLT
- **Order date:** 24 Jun 2020
- **Citation:** TCN-2020-NCLT-01132
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rp-telebuy-skyshop-pvt-ltd-ia-377-2019-in-iba-267-2019-5f7b5058

## Summary

### Background

The case involves an application (IA/377/2019) within an insolvency proceeding (IBA/267/2019) before the National Company Law Tribunal (NCLT), Chennai Bench. The applicant did not appear despite notice. The IBBI confirmed no adverse record regarding Mr. S. Santha Kumar, who was appointed as the Insolvency Resolution Professional (IRP) by the Tribunal's order dated June 9, 2020.

## Facts

The key facts are as follows: An application (IA/377/2019) was filed within an insolvency proceeding (IBA/267/2019). The applicant was absent despite receiving notice. The IBBI confirmed that there were no adverse findings against Mr. S. Santha Kumar, who was appointed as the new IRP on June 9, 2020. Mr. S. Palaniappan was the previous IRP. The Tribunal directed the handover of the CIRP process from Mr. Palaniappan to Mr. Santha Kumar. The relevance of these facts lies in ensuring the proper management and continuation of the CIRP by appointing a suitable IRP and facilitating a smooth transition.

## Issues and analysis

### Issue 1: Whether Mr. S. Santha Kumar …

**Ratio:** The ratio is that an IRP can be appointed if the IBBI confirms no adverse findings

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**Reasoning:** The Tribunal reasoned that since the IBBI confirmed no adverse findings against Mr. S.

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**Interpretation:** This interprets the legal framework allowing for the appointment of an IRP

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**Application:** The ratio and reasoning were applied to the fact that the IBBI confirmed no

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## Parties

- **Judges:** R. VARADH…; Anil Ku…

## Timeline

- **2020-06-09 — Tribunal…**: Tribunal order appointing…
- **2020-06-15 — IBBI Let…**: IBBI letter confirming no adverse…

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