# In the matter of DELHI MOBILE MATE PRIVATE LIMITED

> NCLT judgment dated 2024-12-17. Citation: TCN-2024-NCLT-00040. This case involves an application filed by the Committee of Creditors (CoC) to replace the…

- **Court:** NCLT
- **Order date:** 17 Dec 2024
- **Citation:** TCN-2024-NCLT-00040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/delhi-mobile-mate-private-limited-9fd64b44

## Summary

### Background

This case involves an application filed by the Committee of Creditors (CoC) to replace the Interim Resolution Professional (IRP) in accordance with Section 22(2) of the Insolvency and Bankruptcy Code (IBC). The Adjudicating Authority had previously appointed Ms. Dikshita Sharma as the IRP of the Corporate Debtor via an order dated 2024-09-10. The CoC, in its second meeting held on 2024-11-11, resolved with 100% voting to replace Ms. Sharma with Mr. Mukesh Kumar Jain, who has Registration No IBBI/IPA-001/IP-P01960/2020-2021/13089. The application is filed in terms of Section 22(3)(b) of the IBC.

## Facts

The Committee of Creditors (CoC) filed an application to replace the Interim Resolution Professional (IRP). Previously, Ms. Dikshita Sharma was appointed as IRP of the Corporate Debtor by the Adjudicating Authority on 2024-09-10. In a meeting on 2024-11-11, the CoC, with 100% voting, resolved to replace Ms. Sharma with Mr. Mukesh Kumar Jain. Mr. Jain's registration number is IBBI/IPA-001/IP-P01960/2020-2021/13089. The application is based on Section 22(2) and 22(3)(b) of the IBC. The written consent and valid AFA of the proposed new RP have been filed. The CoC passed a resolution with 100% voting to appoint Mr. Mukesh Kumar Jain as RP. The existing IRP is relieved of her duties and directed to hand over all documents to the newly appointed RP. The CoC is directed to

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## Issues and analysis

### Issue 1: Whether the application filed by the CoC to replace …

**Ratio:** Section 22(2) of the IBC allows

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**Reasoning:** The CoC has the authority to replace the IRP,

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**Interpretation:** Section 22(2) grants the CoC the power to decide on the appointment or

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**Application:** The CoC's application is in line with Section 22(2) of the IBC, as they seek to

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; ATUL CHAT…
- **Appellants:** M/s. Vision…
- **Respondents:** M/s Delhi Mobile…

## Timeline

- **2024-09-10 — Appointment…**: Ms. Dikshita Sharma was appointed as the IRP of the Corporate Debtor by the Adjudicating…
- **2024-11-11 — CoC Meet…**: The CoC held its 2nd meeting and resolved with 100% voting to replace the existing IRP…

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