# In the matter of Bhattad Brothers Realty Private Limited

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-00267. The case involves an Interlocutory Application (IA 187/2025) filed in the matter of C.P.…

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-00267
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bhattad-brothers-realty-private-limited-684bc6c9

## Summary

### Background

The case involves an Interlocutory Application (IA 187/2025) filed in the matter of C.P. (IB)/4172(MB)2019. The application was filed by the Applicant/Stakeholders' Consultation Committee seeking the replacement of the current Liquidator, Mr. Raj Kumar Dad, due to an inability to reach an agreement on remuneration and concerns regarding the effective management of the liquidation process. The Stakeholders' Consultation Committee held multiple meetings regarding the liquidation process, where the Liquidator's request for increased remuneration was discussed, but no agreement was reached.

## Facts

The Stakeholders' Consultation Committee sought to replace the current Liquidator, Mr. Raj Kumar Dad, because they could not agree on his remuneration and had concerns about how well the liquidation was being managed. The committee held several meetings to discuss the liquidation process and the Liquidator's request for more pay, but they could not come to an agreement. During the Fourth Stakeholders' Consultation Committee meeting on August 2, 2024, a unanimous resolution was passed to replace Mr. Raj Kumar Dad with Ms. Bhartee Daga, a registered Insolvency Professional, to conduct the Liquidation Process. The court considered the submissions and averments made in the application and found the Interlocutory Application to be in consonance with Regulation 31A (11) of

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## Issues and analysis

### Issue 1: Whether the Interlocutory Application seeking …

**Ratio:** Regulation 31A (11) of the Insolvency and Bankruptcy Board of India (Liquidation Process)

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**Reasoning:** The court considered the submissions and averments made in the application and found the

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**Interpretation:** Regulation 31A (11) provides a mechanism for replacing a liquidator when there

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**Application:** The court applied Regulation 31A (11) to the facts of the case, where there was

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Respondents:** BHATTAD BROTHERS…; RANGABARSHI…
- **Advocates:** Mayank B…

## Timeline

- **2024-08-02 — Stakeholders'…**: A unanimous resolution was passed to replace Mr. Raj Kumar Dad with Ms. Bhartee Daga as…
- **2025-01-15 — Order Sheet of the…**: The court allowed the Interlocutory Application (IA No. 187 of 2025) and appointed Ms.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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