# In the matter of SRK Kitchen Appliances Private Limited IA No. 139-2021 in C.P. (IB) No. 191-ALD-2018

> NCLT judgment dated 2021-11-29. Citation: TCN-2021-NCLT-00376. The case involves an application seeking permission for the replacement of the existing…

- **Court:** NCLT
- **Order date:** 29 Nov 2021
- **Citation:** TCN-2021-NCLT-00376
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/srk-kitchen-appliances-private-limited-ia-no-139-2021-in-cp-ib-no-191-ald-2018-f10e66fd

## Summary

### Background

The case involves an application seeking permission for the replacement of the existing liquidator due to health issues (blood pressure and anxiety). The liquidation process had been initiated on 2019-09-03. The liquidator's ill health was adversely affecting the liquidation of the Corporate Debtor.

## Facts

The existing liquidator sought permission for replacement due to health issues, specifically blood pressure and anxiety. The liquidation process had commenced on 2019-09-03. The liquidator's health was affecting the liquidation of the Corporate Debtor. The court accepted the liquidator's request and appointed Mr. Anil Kapoor as the new liquidator. The existing liquidator was directed to handover all documents and assets to the new liquidator.

## Issues and analysis

### Issue 1: Whether the existing liquidator should be replaced due to health issues affecting the liquidation …

**Ratio:** A liquidator can be replaced if their health condition adversely affects their ability to

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**Reasoning:** The court acknowledged that the liquidator's health issues were impacting the liquidation

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**Interpretation:** This interprets the provisions related to the replacement of a liquidator,

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**Application:** The ratio was applied to the specific facts of the case, where the liquidator's

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** Praveen Kum…
- **Respondents:** SRK Kitchen…; Madhya Pradesh…

## Timeline

- **2019-09-03 — Liquidation Process…**: The liquidation process in…
- **2021-11-17 — Order Res…**: The order was reserved…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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