# In the matter of Ajit Singh Kochar, CP (IB) No. 245/Chd/Pb/2022

> NCLT judgment dated 2022-09-15. Citation: TCN-2022-NCLT-01067. The case pertains to CP (IB) No. 245/Chd/Pb/2022 under Section 94 of the IBC 2016. The…

- **Court:** NCLT
- **Order date:** 15 Sept 2022
- **Citation:** TCN-2022-NCLT-01067
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ajit-singh-kochar-cp-ib-no-245chdpb2022-38785ed2

## Summary

### Background

The case pertains to CP (IB) No. 245/Chd/Pb/2022 under Section 94 of the IBC 2016. The antecedents of the proposed Resolution Professional (RP), Mr. Bishwa Ranjan Chaterjee, have already been verified by the Registry of the Bench, and no adverse remarks were found. Mr. Chaterjee was previously appointed as RP vide order dated 21.07.2022 in CP (IB) No. 183/Chd/Pb/2021 by the same Bench.

## Facts

The case involves a petition under Section 94 of the IBC 2016. Mr. Bishwa Ranjan Chaterjee, the proposed Resolution Professional (RP), had his antecedents already verified by the Registry of the Bench, and no adverse remarks were found. He was previously appointed as RP vide order dated 21.07.2022 in CP (IB) No. 183/Chd/Pb/2021. The court found no need to re-verify his antecedents. The petition involves Ajit Singh Kochar, PG, and Kochar Overseas Pvt. Ltd. The court directed the issuance of limited notice to the creditor(s) and instructed the petitioner's counsel to file an affidavit regarding the service of notice.

## Issues and analysis

### Issue 1: Whether the antecedents of the proposed Resolution Professional need to be re-verified when they …

**Ratio:** When the antecedents of a proposed Resolution Professional have already been verified by

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**Reasoning:** The court reasoned that since the Registry had already verified the antecedents of Mr.

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**Interpretation:** This interpretation emphasizes efficiency and avoids redundant processes in the

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**Application:** In this case, because Mr. Bishwa Ranjan Chaterjee's antecedents were already

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Ajit Singh…
- **Respondents:** Kochar Overseas…
- **Advocates:** Niharika…

## Timeline

- **2022-07-21 — Previous RP Ap…**: Mr. Bishwa Ranjan Chaterjee was appointed as RP vide order dated 21.07.2022 in CP (IB)…
- **2022-09-15 — Order Da…**: Order issued appointing Mr. Bishwa Ranjan Chaterjee as Resolution Professional and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94 — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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