# In the matter of Fima Properties Pvt. Ltd. IA (IBC)462-2022 in CP(IB)743-9-HDB-2019

> NCLT judgment dated 2022-06-06. Citation: TCN-2022-NCLT-02403. The Interim Resolution Professional (IRP) filed a memo seeking relief from his duties as IRP…

- **Court:** NCLT
- **Order date:** 6 Jun 2022
- **Citation:** TCN-2022-NCLT-02403
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/fima-properties-pvt-ltd-ia-ibc462-2022-in-cpib743-9-hdb-2019-c04288db

## Summary

### Background

The Interim Resolution Professional (IRP) filed a memo seeking relief from his duties as IRP for Fima Properties Private Limited due to health issues. The IRP also filed an application for the constitution of a Committee of Creditors. The court considered the IRP's request and the events narrated in the memo.

## Facts

The Interim Resolution Professional (IRP) for Fima Properties Private Limited filed a memo seeking to be relieved of his duties due to health issues. The IRP also filed an application for the constitution of a Committee of Creditors. The Operational Creditor had previously transferred funds to the outgoing IRP for meeting the CIRP expenses. The court considered the IRP's request and the need to continue the CIRP process.

## Issues and analysis

### Issue 1: Whether the Interim Resolution Professional should …

**Ratio:** An IRP can be relieved of their duties if they express difficulties in continuing due to

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**Reasoning:** The court considered the IRP's expressed difficulties in continuing as IRP due to health

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**Interpretation:** This interprets the court's power to relieve an IRP of their duties when valid

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**Application:** The IRP's request was accepted, and he was relieved of his duties, based on the

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. VEERA BRAHMA…
- **Appellants:** Uday Gopichand…
- **Respondents:** Fima Properties…

## Timeline

- **2022-06-06 — Hearing…**: Hearing held on 06-06-2022 at 10:30…
- **2022-05-18 — IRP Files…**: The Interim Resolution Professional filed a memo with Diary no. 4567 seeking relief from…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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