# In the matter of Baron Infotech Limited

> NCLT judgment dated 2025-01-08. Citation: TCN-2025-NCLT-00658. The case involves an application filed by the Committee of Creditors (CoC) of Baron Infotech…

- **Court:** NCLT
- **Order date:** 8 Jan 2025
- **Citation:** TCN-2025-NCLT-00658
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/baron-infotech-limited-4a4f59d5

## Summary

### Background

The case involves an application filed by the Committee of Creditors (CoC) of Baron Infotech Limited under Section 22 of the Insolvency and Bankruptcy Code, 2016 (IBC), seeking to replace the Interim Resolution Professional (IRP). The Corporate Insolvency Resolution Process (CIRP) was initiated, and an IRP was appointed. The CoC, being the sole member, resolved to replace the existing IRP with Mr. Bondalapati Srinivasa Rao.

## Facts

The Committee of Creditors (CoC) of Baron Infotech Limited filed an application to replace the Interim Resolution Professional (IRP) under Section 22 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Company Petition was admitted on 2024-05-10, and Shri Haridasu Sambasiva Rao was appointed as the IRP. The Corporate Debtor was admitted into the Corporate Insolvency Resolution Process (CIRP) on 2024-05-10. The IRP made a public announcement on 2024-05-15, with a claim submission deadline of 2024-05-28. The IRP received two claims, one from the Applicant (CoC) for Rs. 1,28,54,428/- and another from Mr. B. Vishnu Vardhan Reddy, which is still under verification. The CoC, consisting of the Applicant as the sole member, resolved on 2024-06-08 to replace the IRP with Mr.

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## Issues and analysis

### Issue 1: Whether the application to replace the Interim Resolution Professional (IRP) by the Committee of …

**Ratio:** Section 22 of the IBC allows the CoC to replace the IRP with a Resolution Professional,

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**Reasoning:** The court considered the fact that the CoC, being the sole member, unanimously resolved

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**Interpretation:** Section 22 of the IBC provides the legal basis for the CoC to replace the IRP.

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**Application:** The CoC's resolution to replace the IRP, coupled with the consent of the

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## Parties

- **Judges:** SHRI. RAJEEV…; SHRI. SANJA…
- **Appellants:** Committee of…
- **Respondents:** Baron Infot…; HARIDASU SAMBASIVA…

## Timeline

- **2024-05-10 — Company Petition…**: The Company Petition bearing CP…
- **2024-05-10 — IRP Appo…**: Shri Haridasu Sambasiva Rao was appointed as…

## 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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