# In the matter of Manju Yashwant Sangla

> NCLT judgment dated 2024-11-19. Citation: TCN-2024-NCLT-00199. The case involves an application where Mr. Ketan S. Dand, who was initially appointed as the…

- **Court:** NCLT
- **Order date:** 19 Nov 2024
- **Citation:** TCN-2024-NCLT-00199
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/manju-yashwant-sangla-6c2383d4

## Summary

### Background

The case involves an application where Mr. Ketan S. Dand, who was initially appointed as the Resolution Professional (RP), expressed his inability to take up the assignment. Consequently, the court needed to appoint a new RP to proceed with the matter.

## Facts

Mr. Ketan S. Dand was initially appointed as the Resolution Professional (RP) but expressed his inability to take up the assignment. The court received communication regarding Mr. Dand's inability. Mr. Umesh Balram Sonkar, holding IBBI Registration No. IBBI/IPA-001/IP-P-02619/2021-2022/14043, was appointed as the new Resolution Professional. The terms and conditions of the order dated 05.09.2024 remain the same. The newly appointed RP must submit a report under Section 99 of the Code before the next hearing.

## Issues and analysis

### Issue 1: Whether Mr. Ketan S. Dand should be discharged from his responsibilities as the Resolution …

**Ratio:** A Resolution Professional who is unable to fulfill their duties can be discharged from

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**Reasoning:** The court considered the communication indicating Mr. Dand's inability to take up the

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**Interpretation:** This interprets the court's power to ensure the insolvency process is

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**Application:** Given Mr. Dand's expressed inability, the court applied the principle of

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## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Sophia Hussain…

## Timeline

- **2024-11-19 — Order Da…**: Order sheet of the hearing of Mumbai Bench…
- **2024-09-05 — Previous Ord…**: Terms and conditions of the order dated…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94(1) — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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