# In the matter of Duraent Biologicals Ltd. IA(IBC)-6-CHE-2022 in CP(IB)-202-CHE-2021

> NCLT judgment dated 2022-01-11. Citation: TCN-2022-NCLT-04463. The case involves an application filed under Rule 11 of NCLT Rules 2016 read with Section 16 of…

- **Court:** NCLT
- **Order date:** 11 Jan 2022
- **Citation:** TCN-2022-NCLT-04463
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/duraent-biologicals-ltd-iaibc-6-che-2022-in-cpib-202-che-2021-ee329aa6

## Summary

### Background

The case involves an application filed under Rule 11 of NCLT Rules 2016 read with Section 16 of IBC 2016, seeking relief from the role of the Interim Resolution Professional (IRP). The application was moved on behalf of the IRP, Mr. Nurani Subramanian Suryanarayanan. The Adjudicating Authority is appointing Mr. S. Diraviam as the new IRP.

## Facts

Mr. Nurani Subramanian Suryanarayanan, the Interim Resolution Professional (IRP), sought to be relieved from his role. An application was filed under Rule 11 of NCLT Rules 2016 read with Section 16 of IBC 2016 to facilitate this. The application was moved on behalf of Mr. Suryanarayanan. The court considered the reasons stated in the application and decided to relieve him. Consequently, the Adjudicating Authority appointed Mr. S. Diraviam as the new IRP. Mr. V. Manivannan appeared as the Counsel for the Applicant. The application IA(IBC)/6/CHE/2022 was filed for the appointment of IRP by the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the existing Interim Resolution …

**Ratio:** Rule 11 of NCLT Rules 2016 read with Section 16 of IBC 2016 allows for the relieving of

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**Reasoning:** The court considered the reasons explained in the application and found them sufficient

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**Interpretation:** Rule 11 and Section 16 provide the legal basis for the NCLT to relieve an IRP

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**Application:** Based on the application's reasons, the court applied the provisions of Rule 11

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## Parties

- **Judges:** S. Ramath…; B. Anil…
- **Appellants:** Nurani Subramanian…
- **Respondents:** M/s Duraent…
- **Advocates:** V. Maniv…

## Timeline

- **2022-01-11 — Hearing…**: Hearing of Chennai Bench, Chennai National Company Law Tribunal held through video…
- **2022-01-11 — IRP Relieved and New…**: Mr. Nurani Subramanian Suryanarayanan relieved as IRP and Mr. S. Diraviam appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 16 — Appointment and tenure of interim resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-16)

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