# In the matter of KOHINOOR DIAMONDS PRIVATE LIMITED

> NCLT judgment dated 2025-02-11. Citation: TCN-2025-NCLT-00504. The application IA/173(AHM)2025 was filed for the removal of Mr. Amit Gupta as the Liquidator…

- **Court:** NCLT
- **Order date:** 11 Feb 2025
- **Citation:** TCN-2025-NCLT-00504
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kohinoor-diamonds-private-limited-79b1542b

## Summary

### Background

The application IA/173(AHM)2025 was filed for the removal of Mr. Amit Gupta as the Liquidator of the Corporate Debtor and for the appointment of Mr. Brijendra Kumar Mishra as the new Liquidator. The license of Mr. Amit Gupta was cancelled by the IBBI Disciplinary Committee, effective from 25.12.2024. The applicant, a member of the SCC, brought this to the Tribunal's notice. The SCC convened a meeting on 16.12.2024 where the liquidator mentioned his intention to appeal the cancellation order. The SCC decided to appoint a new liquidator and invited quotations from Insolvency Professionals. Mr. Brijendra Kumar Mishra was approved in a meeting on 06.01.2025.

## Facts

The applicant filed an application IA/173(AHM)2025 seeking the removal of Mr. Amit Gupta as the Liquidator of the Corporate Debtor and the appointment of Mr. Brijendra Kumar Mishra. Mr. Amit Gupta's license was cancelled by the IBBI Disciplinary Committee effective 25.12.2024. The SCC, of which the applicant is a member, convened a meeting on 16.12.2024 where Mr. Gupta informed them of his intention to appeal the cancellation. The SCC decided to appoint a new liquidator and invited quotations, ultimately approving Mr. Mishra on 06.01.2025. The Tribunal noted that the SCC did not promptly notify the cancellation of Mr. Gupta's registration and questioned the SCC's role in deciding on a new liquidator and their fees. The SCC delayed filing the application until

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## Issues and analysis

### Issue 1: Whether Mr. Amit Gupta should be removed as …

**Ratio:** The cancellation of Mr. Amit Gupta's license by the IBBI Disciplinary Committee renders

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**Reasoning:** The Tribunal acknowledged the cancellation of Mr. Gupta's license and the need for a

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**Interpretation:** The IBBI's disciplinary actions directly impact an individual's ability to

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**Application:** Given the IBBI's cancellation order, Mr. Gupta's removal is necessary to comply

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Nikita Ente…
- **Respondents:** Kohinoor Diamonds…
- **Advocates:** Yhaya Bata…; Rishabh S…

## Timeline

- **2024-11-26 — IBBI Disciplinary…**: The IBBI Disciplinary Committee cancelled the…
- **2024-12-16 — SCC Joint Lende…**: The SCC members convened a meeting where the liquidator informed them of his intention to…

## 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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