# In the matter of Bhowanipur Engineering Pvt. Ltd. C.P (IB)-566(KB)2018

> NCLT judgment dated 2023-01-05. Citation: TCN-2023-NCLT-05184. The case involves an application under Section 9 of the IBC. Mr. Sushil Kumar Dokania was…

- **Court:** NCLT
- **Order date:** 5 Jan 2023
- **Citation:** TCN-2023-NCLT-05184
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bhowanipur-engineering-pvt-ltd-cp-ib-566kb2018-6352fada

## Summary

### Background

The case involves an application under Section 9 of the IBC. Mr. Sushil Kumar Dokania was initially appointed as the Interim Resolution Professional (IRP), but he did not take any steps after the initiation of the Corporate Insolvency Resolution Process (CIRP). A notice was issued to the Operational Creditor and the IRP on 01/12/2021, but the IRP did not appear. The IRP sent a letter dated 22/11/2021, stating that he had surrendered his Insolvency Professional license and had not given further consent as an Insolvency Professional.

## Facts

Rajendra Kumar Singhania filed a case against Bhowanipur Engineering Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code (IBC). Mr. Sushil Kumar Dokania was initially appointed as the Interim Resolution Professional (IRP). However, the IRP did not take any steps after the initiation of the CIRP and failed to appear despite a notice issued on 01/12/2021. The IRP also sent a letter dated 22/11/2021, stating that he had surrendered his Insolvency Professional license. This inaction and surrender led to the cancellation of his appointment and the appointment of Mr. Sandip Mitra as the new IRP. The court directed the new IRP to submit his consent in Form 2 and ensure no disciplinary proceedings are pending against him with the IBBI. The matter is listed for a

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## Issues and analysis

### Issue 1: Whether the appointment of Mr. Sushil Kumar Dokania as Interim Resolution Professional (IRP) should …

**Ratio:** An IRP must actively pursue the CIRP and fulfill their duties as per the IBC. Failure to

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**Reasoning:** The court reasoned that Mr. Dokania's inaction and surrender of his license demonstrated

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**Interpretation:** The interpretation is that an IRP's active participation and valid license are

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**Application:** Given Mr. Dokania's failure to take any steps in the CIRP and his surrender of

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** Rajendra Kumar…
- **Respondents:** Bhowanipur…
- **Advocates:** Subhagini…

## Timeline

- **2021-11-22 — IRP Surrenders…**: Mr. Sushil Kumar Dokania sent a letter stating that he had surrendered his Insolvency…
- **2021-12-01 — Notice I…**: Notice was issued to the…

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