# In the matter of ATTUKAL DEVI INSTITUTE OF MEDICAL SCIENCES LIMITED

> NCLT judgment dated 2024-12-18. Citation: TCN-2024-NCLT-00037. The application IA(IBC)/526/KOB/2024 in CP(IBC)/22/KOB/2024 was filed to appoint the…

- **Court:** NCLT
- **Order date:** 18 Dec 2024
- **Citation:** TCN-2024-NCLT-00037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/attukal-devi-institute-of-medical-sciences-limited-1fae7660

## Summary

### Background

The application IA(IBC)/526/KOB/2024 in CP(IBC)/22/KOB/2024 was filed to appoint the applicant/IRP as the Resolution Professional for the Corporate Debtor, M/s. Attukal Devi Institute of Medical Sciences Limited. The CoC, in its meeting on 2024-11-25, unanimously decided with 100% voting share to appoint the IRP as the Resolution Professional to continue the insolvency resolution process. The IRP submitted FORM AA dated 2024-12-04, giving written consent to act as RP.

## Facts

M/s. Attukal Devi Institute of Medical Sciences Limited is the Corporate Debtor. An application, IA(IBC)/526/KOB/2024 in CP(IBC)/22/KOB/2024, was filed to appoint an IRP as the Resolution Professional. The CoC met on 2024-11-25 and unanimously decided to appoint the IRP as the Resolution Professional with 100% voting share. The IRP, Mr. Rajmohan R, submitted FORM AA on 2024-12-04, providing his written consent to act as the RP. The applicant sought the Tribunal's approval for the appointment of the IRP as the RP under Section 22 of the IBC, 2016. Mr. Rajmohan R's office is located at Rajbhavan, HS 514/12/1 and 175A, Krishnapuram, 6th street, Ollukkara PO., Krishnapuram temple, Thrissur, Kerala, Pin code-680655 with registration no.

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## Issues and analysis

### Issue 1: Whether the application IA(IBC)/526/KOB/2024 in CP(IBC)/22/KOB/2024 should be allowed to appoint …

**Ratio:** The court has the power to confirm the appointment of the IRP as the Resolution

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**Reasoning:** The court was satisfied with the submissions and averments made in the application. The

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**Interpretation:** Section 22 of the IBC, 2016 allows the Tribunal to appoint a Resolution

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**Application:** The court applied the principle that if the CoC has unanimously decided to

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## Parties

- **Judges:** RAVICHANDRAN…; JYOTI KUMAR…
- **Appellants:** CA RAJMOHAN R…
- **Respondents:** M/s Attukal Devi…; AC VENU…
- **Advocates:** A C Venu…; Vidhy…

## Timeline

- **2024-11-25 — CoC Meet…**: The CoC unanimously decided with 100 percent voting share to appoint the IRP as the…
- **2024-12-04 — FORM AA Sub…**: The IRP submitted FORM AA, providing written consent to act as the Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 22 — Appointment of resolution professional](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-22)

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