# In the matter of Tebma Shipyard Ltd.

> NCLT judgment dated 2019-05-03. Citation: TCN-2019-NCLT-03493. The case involves an application MA/243/2019 in CP/738/IB/2018 before the National Company Law…

- **Court:** NCLT
- **Order date:** 3 May 2019
- **Citation:** TCN-2019-NCLT-03493
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tebma-shipyard-ltd-65df133c

## Summary

### Background

The case involves an application MA/243/2019 in CP/738/IB/2018 before the National Company Law Tribunal (NCLT), Chennai Bench. The Resolution Professional (RP) is present, and Respondent 1 (R1) is present with his counsel. Respondent 4 (R4) is removed from the array of respondents as the applicant's counsel is giving up R4.

## Facts

The application number is MA/243/2019, filed under CP/738/IB/2018. The petitioner is Balakrishnan Venkatachalam, and the respondent is Vijay Kumar & 3 others. The application is under Section 19 of the IBC. Mr. Gurushekhar, previously in charge of the Corporate Debtor's accounts, is willing to assist the RP if compensated. The RP is expected to pay Mr. Gurushekhar, subject to CoC approval, continuing his previous remuneration from the Corporate Debtor. Respondent 4 was deleted from the array of respondents.

## Issues and analysis

### Issue 1: Whether Mr. Gurushekhar, the former in-charge of the Corporate Debtor's accounts, can be engaged to …

**Ratio:** The principle is that the RP can engage necessary personnel to assist in the resolution

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**Reasoning:** The court reasoned that engaging Mr. Gurushekhar, who is familiar with the Corporate

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**Interpretation:** This interprets the IBC provisions to allow for the engagement of individuals

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**Application:** The court applied this principle by directing R1 to instruct Mr. Gurushekhar to

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** Balakrishnan…
- **Respondents:** Vijay K…

## Timeline

- **2019-05-03 — Hearing…**: Hearing held at 10:30…
- **2019-05-29 — Next Hearin…**: Case put up for further…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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