# In the matter of Trimurti Concast Pvt. Ltd. IA No.112-2020 & CA NO.66-2020 In CP No.(IB)355-ALD-2019

> NCLT judgment dated 2020-05-05. Citation: TCN-2020-NCLT-01382. The case involves an application (CA No.66/2020) dated 28.01.2020 in a corporate insolvency…

- **Court:** NCLT
- **Order date:** 5 May 2020
- **Citation:** TCN-2020-NCLT-01382
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trimurti-concast-pvt-ltd-ia-no112-2020-ca-no66-2020-in-cp-noib355-ald-2019-1a7c1e47

## Summary

### Background

The case involves an application (CA No.66/2020) dated 28.01.2020 in a corporate insolvency resolution process (CIRP) under the I&B Code. The applicant sought the appointment of Sh. Sumit Shukla as the Resolution Professional. The matter was heard through video conferencing.

## Facts

The matter pertains to IA NO.112/2020 & CA NO.66/2020 IN CP No.(IB)355/ALD/2019. Sh. Ankur Kumar, Advocate, moved an application (CA No.66/2020) dated 28.01.2020 seeking the appointment of Sh. Sumit Shukla as the Resolution Professional in the ongoing I&B proceeding. Sh. Zain Abbas, Advocate, representing the IRP, stated no objection to the appointment, provided any outstanding dues to the IRP are considered and paid by the CoC. The CoC had already approved the appointment of Sh. Sumit Shukla with 100% voting shares. The proceedings had been pending for a considerable time.

## Issues and analysis

### Issue 1: Whether the application (CA No.66/2020) for the appointment of Sh. Sumit Shukla as the Resolution …

**Ratio:** The court has the discretion to approve the appointment of a Resolution Professional

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**Reasoning:** The court considered the submissions of the counsels, the fact that the CoC had approved

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**Interpretation:** This demonstrates the court's deference to the CoC's decision in the

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**Application:** Given the CoC's approval and the IRP's lack of objection, the court applied its

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## Parties

- **Judges:** Rajesh Daya…
- **Respondents:** Ram Alloy…

## Timeline

- **2020-01-28 — Applicatio…**: CA No.66/2020 filed on 28.01.2020 seeking appointment of Sh. Sumit Shukla as Resolution…
- **2020-05-05 — Hearing…**: Hearing conducted through…

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